I will see your nation cast down
by InnitMarvelous
Summary: After Tony is convicted of capital murder, and sentenced to death by lethal injection, it's a race against time for the Avengers to prove his innocence before his execution is carried out. Part 6 of my Greatest Reward AU series and Part 1 of my new Nation series. There will be 38 chapters! Cover art for my story is by Citrine on Tumblr. You can find her under citrus-girl there!
1. Chapter 1

**Author's Note:** This story is literally years in the making, and I have run out of patience. I know there are gaps in the story. I am going to do my best to fill them as I post. Oh that is another thing, I had planned to have this completed before posting. Gaps aside it is completed, just needs to be edited as best I can and I will.

Thank you for reading this if you decide to embark on this journey with me.

* * *

"Good morning, ladies and gentlemen. I have a statement that I will be reading in regards to the legal proceedings against Mr. Stark, and I will not be taking any questions afterwards," the district attorney said. "At 9:53 A.M. this morning, the grand jury returned an indictment verdict in the thirteen counts of capital murder against Anthony Edward Stark. The charges come in relation to the deaths of the police officers who were on duty when Mr. Stark, as Iron Man, attacked the holding cell where Mr. Leonard Bowen was being held. As you all know by now, Mr. Bowen was being held on charge related to the kidnapping of Eva Stark, and his attempted kidnapping of Ethan Stark."

* * *

"Why don't you head on to bed?" Rhodey suggested gently, watching Pepper with concern. "I mean there is nothing else we can do for Tony tonight, and it's obvious that you're exhausted."

Pepper stopped her pacing momentarily to look at him, "I… I'm not sure I'd be able to sleep."

"I think you need to try. We're going to have some long, hards days of us to deal with."

She sighed, "You're probably right." She stood up, and nodded at him, "Well, good night."

"Good night," he replied, and watched her start down the hallway, "And Pepper?"

"Yes?"

"Try not to worry too much about Tony tonight."

Without another word she nodded and then continued on down the hallway.

* * *

"The prosecution has offered the following deal, Mr. Stark," Robert Rooney began in a meeting that was happening just before the next session of court, "In exchange for your immediate agreement to change your plea to guilty to two counts of capital murder, they in turn have agreed to take the death penalty off of the table."

Tony frowned at him, "Why does this sound just like what they offered me before?"

The lawyer sighed, "Because it is the same deal, Mr. Stark. As I told you before we went to trial that given the _heinous_ nature of the crimes that were committed, they are _not_ going to reduce the charges to anything less than capital degree murder."

"And a guilty plea carries an automatic life in prison sentence," Tony stated in a bland tone.

Rooney nodded, "But the keyword here, Mr. Stark, is _life_."

"But not much of a life, Mr. Rooney, since I would be away from my family."

"Yes, you would but at the risk of sounding like a broken record, the keyword here is life.

Although it wouldn't be an ideal or luxurious one, you would still have a life. If you were to take the deal, it would provide you with the luxury of time to find the real perpetrator or perpetrators of this crime, which is a luxury I can all but promise you will not have if you are convicted now and the jury sentences you to death."

"You mean they'd execute me sooner rather than later?"

Again his lawyer nodded.

"But I thought it took years or even decades for a death sentence to be carried out. I mean isn't that usually the case because of the endless appeals?" Tony asked.

"That is normally the case, Mr. Stark, yes."

"But not for me," the billionaire stated. "Why not?"

"Mr. Stark, I believe your execution would come a lot sooner because of three reasons. The first reason is that federal death sentences are often carried out far sooner than state level death sentences. And to be blunt in regards to the second reason I believe that you would be executed a lot sooner than most, is because of who you are."

"Because of who I am?"

Rooney nodded.

"In other words you are saying that I would die a lot sooner because of the fact I was born the son of Howard Stark, and because I have more money than most people can ever dream of having if they lived one hundred lifetimes."

"Yes, Mr. Stark."

So much for justice being blind and impartial.

"So what is the third reason you think I wouldn't be on Death Row all that long if I am convicted and sentenced to death?"

"Because of the law by , Congress that stiffened the penalties for crimes committed by anyone who is super powered or possesses what can be considered an item or weapon that gives them what is the equivalent of super power abilities."

"And it's this law you think they'll use against me to speed up the process so that my execution could be carried out sooner?" When the lawyer nodded Tony swore under his breath, then asked, "So what exactly made them passing a law like this?"

"I think they cited the Battle of New York, and the battle Captain Rogers had over the Potomac when he stopped HYDRA were two of their main reasons."

"What the… they actually used those as their reasons?" Tony said, swearing again, this time a little more loudly when the attorney nodded. "Once again the politicians are demonstrating their twisted perception of reality since most of the super powered people as they have labeled the Avengers, us, were fighting to save their miserable lives!" Tony ranted, recalling how a month following the Battle of New York, the City had actually made the attempt to try to make Stark Industries foot the bill for the damages _Loki's_ invasion had caused. "As always their gratitude is so overwhelming!"

The lawyer sighed, and nodded, "I am sorry, Mr. Stark, but I believe that this is the best deal the prosecution is going offer you, and it's only on the table until your case is handed to the jury for a verdict. After that, their deal becomes null and void, and they will use every ounce of persuasion to convince the jury you should be executed."

"You think I should take it," Tony stated flatly, adding when the man nodded, "You think I should _admit_ to something that I didn't do."

"Yes, because this may be the _only_ thing that saves you from having to take the walk into the death chamber."

Tony didn't say anything for a moment, then asked, "Do they still want me to sign over the Iron Man suit to them?"

Rooney hesitated, then nodded, "Yes, they do."

"Then no I irrevocably, unequivocally reject it!"

"Mr. Stark- "

 _"No_ , Mr. Rooney! The government has been after my suit almost since the moment they became aware of its existence! I won't put it into completely their hands, now or _ever_!"

The attorney shook his head incredulous at his adamancy, "Is the suit worth you losing your life, Mr. Stark? Hmm? Is it really worth that _much_ to you that you would have me to tell them no deal for the final time?" Tony's silence was all the answer he needed to give him his answer, "Alright, let me ask you this: Would your wife feel the same way?"

Tony glared at him but said nothing.

"I didn't think so," the man said, gathering up his papers.

"You are _not_ to tell her anything about this. I want this to be considered privileged information."

"Very well, Mr. Stark," he said, "Although everything you've said to me is already privileged Information."

Tony was watching his wife pace around the room with nervous, and only half listening as his lawyer continued to drone on instructions. The man prattled onwards until he finally looked up at Tony from what he had been writing as he was speaking, sighing loudly when he realized whatmust have been going on.

* * *

"Mr. and Mrs. Stark, have either of you heard anything of what I've said?"

Ignoring the man, Tony addressed his wife, "Pepper honey, can you please come here and sit down?"

She shook her head, "I'm too nervous."

"I really wish you would because you are starting to make me nervous."

Pepper lips formed a thin line as she considered his request before she walked around the table, and sat down beside him. She immediately reached out for his hand, unable to help the smile that came when he pressed his lips to the back of hers. "How can you not be nervous?"

"Because I know they're _not_ going to convict me."

"You can't know that for sure!"

"Yes, I can," he responded.

"No-"

When Tony gave the signal they used when they were trying to tell their children to be quiet, she fell silent. He rubbed the back of her hand with his thumb as he spoke, "Pep, I have to believe that they're going to acquit me because if I stepped into that courtroom thinking otherwise, I'd be too scared out of my mind to even go back inside. Everything is going to be okay… you have to believe that too. Can you?"'

She hesitated, "I… want to, Tony."

"But?"

"But I can't shake this feeling that something terrible is going to happen."

"Can you try to?"

"I-"

"Please, honey. For me?"

She nodded, "Alright, I'll try."

"Thank you."

A moment of silence passed, and then the sound of a throat being cleared reminded them that there were other people in the room.

Pepper blushed, and looked at the lawyer, "I… we're sorry, Mr. Rooney. You were saying?"

He gave an understanding smile before becoming serious again, "I was saying, Mrs. Stark, is that when the verdict is read, you _must_ both keep your composure. Regardless of what it is, the judge will not tolerate _any_ outburst - emotional or otherwise - in the courtroom. The judge will not tolerate any outburst that he feels may influence the jury in possible future proceedings, and emotional outbursts especially fall under this category with this judge."

"I can't even react, even if… if they decide against Tony?"

He shook his head, "No, not even then. specially not then." He waited a beat then asked, "Please do not take this the wrong way, but I have to ask this. If a guilty verdict is handed down by the jury, will you be able to keep from making an outburst?"

"I-I don't know," she answered honestly, "If they… convict Tony, what happens next? Will the judge sentence him right away?"

"No, he won't. If Mr. Stark is convicted, then the trial will move into the penalty phase where the prosecution will present their case to the jury as to why he should receive the death penalty, and we the defense, will present our arguments as to why the jury should choose life in prison instead."

Sharing a brief look with Tony, Pepper turned back to the lawyer, "If everything happens as you say it will… if it is just the verdict and nothing else, I believe I can control my reaction."

"You need to be one hundred percent certain on this point, Mrs. Stark, because in the event you do have an outburst, the judge may have you removed from the courtroom. He may also possibly decide to ban you from attending the penalty phase proceedings."

"I understand that, Mr. Rooney. I will control myself today."

Before he could respond there was a knock at the door before one of the junior lawyers stuck his head inside, "Excuse the interruption but we were just informed us that court will be in session in five minutes."

"Thank you, Matthew," the senior lawyer replied, and after he closed the door he turned back to his client, "We need to get back to our seats now. If you'll go with Matthew outside the door, Mrs. Stark, he'll escort you back into court.

Nodding Pepper turned to Tony, and without saying another word, leaned over to kiss him, then said softly in his ear, "Jim and I will be right behind you, okay?"

"Mmmhmm."

She touched his cheek, "I love you, Tony."

"I love you too, Pep. Everything is going to be okay, you'll see."

Pepper waited for Tony, and his lawyers to get settled in at their table before she touched his shoulder, and whispered, "I'm here."

"All rise!" The bailiff said suddenly, and everyone rose to their feet. "This court is now in session, the Honorable James R. Duncan presiding!"

The judge came in and took his place on the bench, "You may be seated. The record will show the presence of the jury, the defendant, and all counsel." Turning to the jury, he asked, "Mr. Foreman, I understand that you reached a verdict?"

The foreman of the Jury stood, and answered, "We have, Your Honor."

"Please rise, Mr. Stark," the judge said, and waited for Tony to stand with his main counsel . Looking at the foreman, he said, "You may now publish the verdict."

Taking a deep breath, the juror began,"We, the Jury, duly empaneled and sworn in the above entitled action, upon our oaths, do find the Defendant Anthony Edward Stark: as to Count 1: Capital murder in the first degree, guilty as charged."

Pepper gasped, and immediately covered her mouth when one of Tony's lawyers turned to give her a look. Beside her, Rhodey took her hand, and whispered, "It's gonna be alright."

"We, the Jury, duly empaneled and sworn in the above-entitled action, upon our oaths, do find the Defendant Anthony Edward Stark: as to Count 2: Capital murder in the first degree, guilty as Charged. We, the Jury, duly empaneled and sworn in the above-entitled action, upon our oaths, do find the Defendant Anthony Edward Stark: as to Count 3: The possession of a specialized weapon with the intended use of deadly force, guilty as charged."

"Thank you. You may be seated," the judge said to the foreman before turning to the defense table. "You may be seated, Mr. Stark."

Tony didn't move to seem to hear the judge, or did not sit down until Rooney touched his arm and made a motion for him to take a seat.

Rooney then addressed the court, "Your Honor, at this time, the defense would like to request that the Jury be polled."

"So noted, Mr. Rooney. Ladies and gentlemen of the Jury, the clerk is going to ask you a question. Please answer with yes or with no."

The clerk rose, and began, "Juror Number 17, is this your true verdict?"

"Yes."

"Juror Number 4, is this your true verdict?"

"Yes."

"Juror Number 9, is this your true verdict?"

"Yes."


	2. Chapter 2

**Author's Note:** I am a little nervous about what you're all going to think of how I wrote Thor here. I think my Thor is a mix of how I see him and the dolt portrayals I have read in other fanfics. You just remember this was written some time before Ragnarok came out but also remember I don't really acknowledge the MCU after Captain America 2/Agents of SHIELD Season 1.

I also expect this update to be it for a few weeks!

Enjoy!

* * *

"If you're just joining us, there is a verdict in what has been labeled the trial of the century. I repeat there is a verdict in for billionaire Tony Stark. Tony Stark has been found guilty on all three counts, two of which are the capital murder of FBI Agents Christophe Coletti and Peyton Young, and could potentially could carry a possible death sentence. Yes, that's right Tony Stark, Iron Man, may be sent to federal death row if the jury decides these murders are so heinous that Mr. Stark should pay for them with his own life."

"And why shouldn't he, Dana? After all, he didn't just cold-bloodedly kill two FBI agents but thirteen members of the NYPD! Because of a man who thinks and often has been able to get away with things that would get you or me locked in prison with the ky thrown away, the NYPD has been forced to lay to rest thirteen of their finest. Besides their fellow officers who will miss them, many of these victims leave behind bereaved parents, sons, daughter, brothers, sisters, and children. Yes! There are children now without a father or mother or in one extreme sad case, two children lost both of the parents in this horrible act of rage by one man! I hope he rots in- "

"You know we shouldn't be watching that stuff!"

"Yeah, I know."

"So Tony Stark has finally been convicted on murder charges! Big deal! We've known that one for _years_! At least now he's finally going to be made to pay for instead of getting off scot free or by bribing his way out."

"Yeah."

"So when does the next part of the trial start?"

* * *

Leading the way, Rhodey exited the elevator onto the penthouse floor to find all of the lights already dimmed. He looked back over his left shoulder to share a quick glance with the Captain of the Avengers. His eyes returned to looking around the main room, when he heard Steve ask, "Do you think that she went to bed already?"

Closing arguments for the penalty phase were expected to begin the next time court was in session, which was on Tuesday. They all knew the case would be in the jury's hands then, and they were all scared that Tony's lawyers hadn't done enough to keep him from being sentenced to death.

Thor's deep voice brought Rhodey out of his thoughts when he answered Steve's question before he could, "It would seem so. Perhaps we should return on the morrow, and leave Lady Stark to her rest?"

Rhodey looked around another second, and shook his head, "No, the lights might be off but she might not be in bed just yet." He glanced at his watch. "I don't think that she is since Ethan would have just gone to bed probably no more than ten minutes ago, which means she should be up another few hours at least."

"Still up if this were a normal night," Steve pointed out.

Rhodey accepted the statement with a nod, then asked, "JARVIS, has Pepper gone to bed?"

"No, General, she is not. However, Mrs. Stark is in the process of preparing for bed."

"Come on," Steve said, turning to go back to the elevator, "What we have to say can wait until tomorrow. Let's let her get some rest." When he saw that only Thor had followed him, he looked back. "Rhodes?"

Rhodey shook his head, and said, "JARVIS, please tell Pepper that we are here and ask her if she will see us."

"Very well, General."

"Are you sure we should be disturbing her right now?" Steve asked.

"Yes," was Rhodey's simple answer. "Because if we talk to her tonight, this will be one less problem she has to worry about tomorrow on top of everything else. Right?"

The super soldier never got a chance to answer as Pepper came out into the living room at that moment. She was dressed in pajamas that she'd put on a robe over. Tony's robe if any of them were to guess. As she approached them, her arms were wrapped around her body as though she were hugging herself, and she was running her fingers over the robe's fabric.

"What's going on?" she asked while looking at her husband's best friend.

However it was Steve answered her, "Uh we needed to talk to you about something, ma'am, but you'd rather go to bed right now, it can wait 'til morning."

Pepper shook her head at him while Rhodey gave him an irritated look, "No, it's fine. I was planning on laying down in bed but I doubt I'd be able to get to sleep. So please tell me what'sgoing on? Jim?"

Rhodey sighed, "I think we need to go sit down. Thor has something he wants to say to you,"

"It's not anything bad is it?"

"Nay, Lady," Thor said.

Pepper looked at the Asgardian, then to her friend.

"It's nothing bad. I promise you, Pepper."

"As do I."

"Okay, let's go sit down. JARVIS, can you bring up the lights a little more?"

"Yes, Ma'am," the AI responded, immediately bringing the lights up to a comfortable yet not overly bright level.

Pepper sat down on ones of the couches and pulled her feet up under her. "Oh where are my manners? Would any of you like anything to drink?"

The three men quickly shook their heads.

"We're all fine, Pepper. Thank you."

She nodded, and looked at Thor, "What is it that you wanted to say to me?"

Thor sat up so straight that it was hard to imagine him sitting any straighter if had he had his armor on right at that moment. When he spoke, it was in a gentle yet most official sounding tone of voice, one that befitted the Crown Prince of Asgard if he were making an announcement or Proclamation.

"My Lady," he began, looking straight into Pepper's eyes, "I come here at the behest of my Father Odin, King of Asgard, and of my Mother Frigga, Queen of Asgard to offer you our aid in your great hour of need."

It took Pepper a moment to translate the old world terminology into modern, and then she asked, "Your parents? Your parents are offering their help to Tony?"

Thor nodded, "Aye, Lady, they are. Or to be more precise, they are offering their aid to you, and your young ones."

"But why would the King and Queen of Asgard want to help _*us_ ?"

"Because I spoke to them of the plight of the Man of Iron, and of my desire to do more to help you in a way that perhaps none on Midgard can offer you. My Mother, in her wisdom, is the one who immediately discerned how to aid you best."

"How?" Pepper asked, hoping that what he was offering did not in fact turn out to be armies of Asgard itself.

"Asgard offers you the gift of sanctuary for you and that of your children if the storm that is surrounding your family becomes too much to bear."

"Wait, are you offering what I think you're offering? Are you offering to take the three of us to Asgard?"

"Aye, Lady, I am."

"What about Tony?"

Thor's face fell, "I am sorry but the AllFather will not consent to give sanctuary to Anthony since he stands having been found of murder by your people."

"He won't even consider it even with you believing in Tony's innocence?"

"No, dear Lady, I regret that my Father will not. Granting a place of sanctuary to you and the little ones is as far as he is willing to go."

Pepper looked down for a moment, then back to Thor, "I, uh need some time to think about this. Do you need an answer from me right now?"

Thor gave her an understanding look, "No, of course not. You are free to take whatever time you need to reach your decision."

"Thank you," she said. "Even if I decide against it, your offer is,,, more generous than I can say right now, and it is appreciated. Would you please tell your parents they have my gratitude whatever I decide?"

"I shall."

"I'll try not to take too long."

The Asgardian nodded, and a moment of silence fell over the room.

The moment ended when Steve stood up, and said. "Well, I think we should probably let you get some rest now." He looked over at Thor, who easily followed his captain's lead. Rhodey however stayed seated, and after a silent exchange of looks, Steve shrugged, figuring that the other man probably knew what he was doing as to whether not it was time to leave.

With one final nod towards Pepper, followed by a soft "Ma'am," he started towards the elevator. After Thor gave Pepper what only could be described as a slight bow, then said, "Goodnight, dear Lady, I hope that your slumber will be peaceful this night."

"Thank you," Pepper gave him a weak smile, then watched as he left with Steve. Once the elevator doors had closed, and they were gone, she turned to Rhodey, "You think that I should take Thor up on his… their offer."

He sighed, shrugging, "Yeah, I do… but you don't."

"No, I don't."

"You've already decided."

She nodded, "I didn't want to sound ungrateful by saying no right away to Thor right away but I can't… I won't leave Tony to face whatever happens alone!"

"And no one is asking you to, Pepper. That's not what Thor's offer was about for either you or the kids. You wouldn't be abandoning him to whatever happens if you take Thor up on this Thor."

Pepper gave him a long look then asked, "If I go to Asgard, _how_ could I not be abandoning him? You know that's exactly how the public will see it, and in their eyes it'll just confirm that he's Guilty."

He sighed. "All I know is if Tony were here he'd be the first to tell you to take Thor up on the offer, especially since we still don't have any ideas as who it was that framed him for the murders. You know how much the safety of the three of you are his first concern, Pepper, not himself. He doesn't care about what the public thinks of him as long as you're safe."

Tears flooded Pepper's eyes because his words about Tony rang true. She knew that Tony really didn't care about himself or what happened to him so as long as his family was safe. Once upon a time that might not have been true, but it was now, and it was all the more reason why she couldn't leave Earth. Whether he accepted it or not, Tony needed her to have him as her priority, and that was what Pepper was going to do.

"I'm sorry but I am not running away from this, Jim," she declared in a voice that said it was the end of the discussion. "I made a vow to Tony that I would help him when he needs my help. If ever there was a time that he needed my help, then it's _now_!"

"I know," he replied, remembering when he stood by his best friend's side when she made that vow, "I'm sorry, I didn't mean to make you cry."

She grabbed a tissue from a nearby Kleenex box, and wiped her eyes, "I just love him so much. It hurts me and makes me angry all at the same time that they actually believe that he killed those policemen in cold blood!"

"Yeah I know. I feel the same way, although I am way more angry than I'm hurt. You know I am on your side, right? Through all of this? I've got your back, and I've got Tony's."

"That is something that I never doubted. Thank you."

"You don't have to thank me, Pepper. You're a part of my family so you never have to thank me. Okay?"

"Okay," Pepper replied, wrapping her arms around herself again.

"Uh, I know that I'm not Tony but would you like a hug right now?"

Her face crumbled at his offer, and she nodded. Rhodey quickly moved over to the couch she was sitting on, and wrapped his arms around her, hugging her as she started crying. She cried for a long time since she had been holding in so many emotions since their ordeal had begun. Finally after fifteen minutes she pulled away from him, an embarrassed look on her face.

"I'm sorry," she murmured, grabbing another couple of tissues.

"Don't apologize. You needed that cry as much as you needed a hug. So don't be embarrassed about it."

Pepper nodded, and continued cleaning her face, "I'm just scared… so scared that they'll sentence Tony to… to…" She stopped there, and took in a deep breath, "I don't think that I've been this scared for him since he went missing in Afghanistan."

"I know what you mean but it's not over yet and we have to believe, to hope that the jury will decide on life in prison."

"I'm hoping and praying with every fiber of my being they'll say life."

"They will."

"Was there something else you needed to say?" Pepper asked after a beat of quiet.

"Yes," Rhodey confirmed, "And you probably won't like what I'm about to suggest, but it is a just a suggestion. Okay?"

"Okay."

"If you won't take up Thor's offer to go to Asgard too, then why don't you let him take Ethan and Eva there?"

"Without me?"

He nodded.

"You think that I should send my children to another planet without me with them?"

"Yes."

"You're actually being serious, aren't you?" Pepper's voice was completely incredulous. "Oh my… you're serious!"

"Yes, I am one hundred percent serious about this."

Pepper stared at him for a moment then exclaimed, "I can't believe you!"

Rhodey held up his hands in a placating gesture, then asked evenly, "Why not?"

"Because I would literally have to send my children to an alien world and trust others… aliens beings who may or may not have been the inspirational source behind Norse mythology, to protect them for who knows _how_ long."

"And yet I don't think trust is really the issue here, I know it's not, because I think we both know that Tony doesn't give out his trust easily to just anyone. I also think that you know that Thor is one of the precious few that he does trusts."

"It's not just a matter of not trusting Thor, because I _do_ trust him," she replied, getting up to head to the kitchen.

Rhodey got up and followed her, "Then what is it? What is the problem or difficulty you're having with accepting his offer?"

"You mean other than the fact my children would be on another planet?" She replied, before taking a sip of water. "The problem is I would have to trust their safety and wellbeing to people that I do not personally know. How do I know that they can be trusted to take care of my children, and keep them safe?"

"Well, that's where trusting Thor comes into play again. I am going to assume that you don't mean Thor's parents but rather everyone else who surround his parents, like the guards."

"And the servants. I mean, his father and mother are the rulers of his planet so you know that they have servants working around them all of them time."'

Rhodey nodded, "Okay, including the servants too, this is where you trusting Thor comes in since these are his people. Remember that these are the people his own family has around them whenever he takes them to Asgard to visit his parents. If they're not trustworthy, I very seriously doubt that he would allow them anywhere near Jane or their twins."

She sipped her water for a moment, and sighed, "I'm sure you're right. It's just that…"

"What? It's just what?"

Her eyes got teary again, "It's just… well I'm afraid that if I send them away, and the worst happens with Tony… I'm afraid that I'll go out of my mind without having them here for me to keep my focus on."

"I understand but they don't need the media scrutiny or even the danger that is likely to present itself because of this, especially if things go in the direction we're all hoping it won't go. Between Happy and JARVIS, you have excellent security but I think you know that they'll be a much more safe on another world where the media can't touch them. Once you know that they are one hundred percent safe, you'll be able to focus on Tony's situation."

"I..."

He touched her shoulder, "You are _not_ alone in this, Pepper. I'll do whatever I can to help you, you know that, even if that means that I have to be here just because you need a distraction."

"If I send my children off to Asgard with…"

"Pardon the interruption, Ma'am, but Miss Eva has awoken and is currently climbing out of her bed."

Pepper sighed, and ran a hand over her tired eyes.

"Hey, would you like for me to go see about her?" Rhodey asked.

Shaking her head, she answered, "Thank you but no. I think seeing you would just wake her up even more. I'll take care of her."

"Okay, it you're sure?"

"I am."

"Alright then. I'm going to go to my own floor for the night."

She nodded, and started to exit the kitchen, calling over her shoulder, "I'll see you in the  
Morning."

"Okay, goodnight."

"Goodnight."


	3. Chapter 3

The next morning while Rhodey stayed with the children, Pepper headed downstairs to the floor of the tower that belong to Thor and Jane's family. Jane had looked at that surprised to see her when she rang their doorbell.

"Good morning, Jane," she said when the other woman opened the door, "I, uh, need to talk to Thor if he's not busy."

Jane shook her head, and with a smile said, "No, he's not. Your timing is great since we were just finishing up with breakfast. Come on in."

"Oh hi, Mrs. Stark," said a familiar voice as she stepped into the living room, and Jane disappeared into the kitchen to get Thor.

Pepper turned to the source of the greeting, "Hi Darcy."

The younger woman was carrying Jane and Thor's daughter Frejya in her arms, and the little girl lit up when she saw Pepper standing there. The little girl begin squirming in Darcy's arms, "Auntie Peppa! Auntie Peppa!"

"I wouldn't come any closer if you I were you, Mrs. Stark, because this one is _super_ sticky. Her brother decided that slinging their waffles all over the place and at each other was more fun than actually eating them this morning." Closely followed by Thor, Jane emerged from the kitchen a second later with Frederik in her arms, and just like his sister, the little boy started reaching for Pepper upon seeing her.

"No sorry, honey but you and Sissy need a bath before you can say hello to Aunt Pepper," Jane said, kissing the little boy while keeping him firmly in her arms. She looked over towards Pepper, and said, "Sorry, but I can't talk right now."

"It's okay, Jane. I just need to talk to Thor just for a minute."

"Alright, if you'll excuse the four of us then, these two need a bath." With a nod to Darcy, the two women disappeared down the hallway.

Thor waited until they were gone to turn to Pepper, "Are you here because you have reached a decision?"

Pepper took a breath, and nodded, "Yes, I have. Thor, I… I want to say yes to your offer but I need to ask you about something first."

"Very well," Thor replied, gesturing towards the nearby sitting area.

Pepper took his invitation to sit down since the Asgardian towered over her. Once they were seated, she thought about what she wanted to ask him for a moment. "Thor, before I ask what I need to ask, I want you to know that what I ask you is not from a lack of trust for you, Because I _do_ trust you, and I know that if he were here Tony would say that he trusts you too. It's just that we're talking about my children here, and I need to be as sure as I can be that they are going to be completely safe wherever they are. Do you understand what mean?"

It was clear by the look on Thor's face that he was anything but offended by what she had said. But the Asgardian confirmed it with a nod, "Yea, dear Lady, I _do_ understand, more than you know. I consider the trust that you along with Anthony have placed in me, to be a great honor, and an even greater responsibility. Verily on Asgard, maintaining and being worthy of such a trust as watching over your brother's heirs… children is considered a sacred duty."

Although his words washed over and reassured her, Pepper knew that in order to complete her peace of mind she had to ask him her questions. But more to the point she knew she had to _hear_ his answers. She swallowed, took a breath, and began, "Alright first, if I agree to send my children to Asgard, I want to know where exactly will they be living while they're there, and I want to know _who_ will be taking care of them?"

Thor smiled, "My Mother will care for them during their stay on Asgard."

Pepper's eyes widened, "Wait your mother, the Queen of Asgard, is going to be the one to take care of my children?"

"Aye," he said, and noting the look on her face he asked, "Why is there something wrong?"

She shook her head her, "No, of course not! It's just… I uh thought that your mother would have far more… important things to do than to take care of my children!"

Thor smiled at her again, "Alas for my Mother there is nothing important than to care for and nurture those who will come after us."

"But-"

He laid a hand on her arm, "Do not concern yourself over this. My Mother loves young ones, and it has been far too long since Loki or I were children. It will give her great joy and happiness to be able to care for so many little ones again."

"So many little ones?" Pepper repeated in a questioning tone.

"Aye, it has been decided among the Avengers that all of our children will be sent to Asgard for safekeeping until we find those who conspired to end Anthony's life," Thor replied, a disgusted anger tainting his voice.

"Oh."

"My own shall be with among them, and Jane has agreed to stay on Asgard with them for the duration of this ordeal."

Pepper wondered if the all of the Avengers' wives, with the exception of Natasha and herself, would be going to Asgard too.

"As for their protection you may rest easy, dear Lady, for the warriors who guard my Father's house are Asgard's finest warriors. I would trust each and every one of them with my own life, but more than that, I trust them with the lives of Jane and with those of my own children. I give my most solemn pledge to you, Lady Stark, upon my honor as the heir ro my father's throne and a warrior of Asgard, if you entrust your children to the care of my Mother, they will be safe until the day they are able to return home to Earth."

A moment passed in which neither of them spoke, and then while wiping away tears she said, "I accept your very generous offer of sanctuary for my children. It will help both Tony and me to know that they're safely out of the reach of whoever is trying to hurt us right now, especially if the jury decides to sentence him to… to death."

Thor nodded, keeping what he thought of the peculiarities of the human ways of justice to himself since he knows that speaking such thoughts aloud would not help. Instead he told Pepper, "I shall make the final arrangements to take them to Asgard."

"How soon do you think that will you be able to take them?"

"Today, if that is your wish."

"I, uh…"

When Thor saw her hesitancy, he added, "Or I shall wait any length of time that is your wish."

"When… when will you take the Avengers' kids to Asgard?"

"I shall take them on the morrow as everyone wished to have one more eve with their families still gathered together in one place." He did not see the need to tell her that the reason the Avengers also wanted one more day with their families in tact was because they would be remaining on Asgard until there was a resolution with Tony's situation, for good or for bad and no matter how long it took.

Pepper nodded, thinking she should allow Thor to get back to his family then. But first she needed to decide when she was going to let him take Ethan and Eva to Asgard. With a sigh, and while wiping away more tears, she said, "Since court is in recess until Tuesday, I think I want to wait until Monday night to let them go with you. I want just a few more days with them. Is that okay?"

"Aye, it is," Thor confirmed, his tone understanding.

"Alright, Monday night it is then," she said, standing up. "Thank you so much, Thor. For doing this for us and for everything."

The Asgardian prince stood, and gave her a half bow, "It is my, and Asgard's great honor for us to be able to aid my shield brother in this way."

Since she knew that she only had two and a half days left to enjoy having her children still with her, and she knew that she couldn't do that if she were constantly thinking about Tony. As hard as it was for Pepper to do it, by the time she returned upstairs, she had put his situation out her mind. By the time she had walked into the kitchen from the elevator. She was smiling as brightly as she could manage while she walked over to the counter to pour herself a cup of coffee. She took a sip before she casually inquired over her shoulder, "So is there anyone here who like to see _The Lion King_ today?"

"Really? We're gonna go see _The Lion King_?" Ethan asked, his eyes wide.

"Don't talk with your mouth full, sweetie," Pepper said mildly, but then nodded, "Yes, we're going to see _The Lion King_ today."

"When?" Eva asked.

"As soon as we can get you and Ethan ready after breakfast."

Ethan hurriedly finished his cereal, and after wiping the milk off his face with the back of his hand he said, "Done!"

Eva followed her brother's example, only she managed to spill more milk down her chin then she got into her mouth. "Done, Mommy!"

Pepper smiled, and wiped her mouth with a paper towel before saying, "Alright, go brush your teeth while Mommy talks to Uncle Jimmy for a moment."

As they darted from the room, the kids began singing two different songs from the movie at the top of their lungs.

"Help your sister, Ethan!" she called out after them.

Pepper waited until she couldn't hear her children anymore before she turned to Rhodey, "I saw the look and I know you think that I am crazy but this isn't what it sounds like."

Rhodey crossed his arms, and leaned against the counter, "Oh really? It's _not_ the complete security nightmare that this sounds like it's going to be for Happy?"

"No, it's not because we're not actually leaving the Tower," she replied.

"But I thought you said you were going to see _The Lion King_. You were referring to the Broadway show and _not_ the movie right?"

"Yes."

"Then how can you be seeing it without leaving the Tower?" Rhodey asked in a confused tone.

The smile Pepper gave him when she answered was a little sad, "Because the entire cast from _The Lion King_ has come here to perform the show for us on the 35th floor."

Rhodey's eyebrows shot up to the roof, "What?"

She nodded, "It's true, they're actually here now as we speak, putting the finishing touches on getting ready to perform."

"But how… no don't tell me, let me guess. This was something Tony arranged, wasn't it?"

Again Pepper nodded, "Yes, apparently he somehow had the 35th floor converted into a full theater large enough for any Broadway show we might want to see to be able, so that they'd be able to come here to us and comfortably perform their show."

"And he did it without you having a clue of what he was up to?"

"Yes."

"Wow."

"I think _wow_ is an understatement," she said, emptying her cup. "Anyway, the performance we're about to see it going to be the theater floor's christening performance, and I don't think that we should keep them waiting too much longer." She started to leave the kitchen.

"Pepper?"

She looked back at him, "Yes?"

"Look, don't take this the wrong way but… but are you sure given everything this is going on right now that letting an entire company of performers that you don't know in the Tower is really a good idea?"

Pepper sighed, knowing and understanding his point,, "Maybe it's not but this is something Tony arranged and paid for months ago. I hate to see everything he put into it go to waste. Besides, Happy is going to be there with a full team, and JARVIS will monitor everyone on the floor to make sure that none of the performers leave the theater floor while we're distracted during the performance. Everything is okay."

Rhodey stared at her for another second then shook his head, "Tony really is something else, isn't he?"

Her eyes were bright, "Yeah, he is." Taking a deep breath she asked, "So you want to watch _The Lion King_ with us?"

"Sure."

"Well, I better go check on the kids and see how much more we need to do to get ready."

Rhodey nodded, "In the meantime, I'll wash up the dishes from breakfast."

"Oh, you don't have to do that!"

"But it's not a problem. There aren't that many, and it'll give you one less thing to have to worry about later."

"Well as long as you don't mind."

"I don't."

"Then thank you."

Ten minutes later, the dishes were done and draining when the three Starks reappeared. Rhodey who had been flipping tge pages of a magazine when they returned, put it down, and stood up.

"We are finally ready," Pepper said as she guided her children towards the elevator.

Eva, who was clutching a stuffed Nala in her arms, looked around the living room before looking at mother again, "Where's Daddy?"

Pepper exchanged a look with Rhodey, then gently said, "Daddy is not here right now. He's gone on a trip, remember?"

"Oh yeah… Daddy's in ribbons," the little girl responded.

"Ribbons?" Rhodey mouthed at Pepper.

"Prison," she mouthed back in reply, wondering where she had heard that word, while at the same time she was glad her daughter hadn't quite understood what she had overheard. She ran a hand over her daughter's hair, "That's right, baby. Daddy's in ribbons."

"When's he coming home?" Ethan asked.

"As soon as he can, honey," their mother replied, praying with every fiber of her being that it was true. "In the meantime, let's go watch _The Lion King_ so you can tell Daddy all about it when he gets home. Okay?"

"Okay." the children chanted in unison, their excitement had returned.

Following them into the elevator, the adults couldn't help but smile as the excited kids began singing _I Just Can't Wait To Be King_.

* * *

Before she knew it, the moment Pepper had been dreading since had agreed to allow Thor to take the children to Asgard, had all too quickly arrived. It was just after dark, and she stood out on the penthouse terrace with one arm wrapped around her son, and holding Eva against her with the other.

She had waited until the last possible moment to tell them that Uncle Thor would soon be coming to take them for a visit to Asgard, his world. She had told them that they were going to be staying with their aunts, and cousins who were already there. She had told them to think of this as a new adventure, an experience in something that most people of the Earth wouldn't get a chance to have. When they asked why, she explained it as best she could, and said it was because Thor's father only allowed very special people to come for a visit on their world.

Eva had seemed excited, and had immediately started rattling off questions that Pepper couldn't answer. Ethan seemed to have just the opposite response than that of his sister, almost immediately becoming silent and withdrawn, especially while he had helped her pack a few things he wanted to take when they left for Asgard. Nothing she had said to Ethan had brought him out of it, and as they waited for Thor's arrival on the terrace, Pepper once more couldn't help but wonder for the thousandth time if she was doing the right thing in sending them away.

Her thoughts were interrupted there was a flash of light, and loud noise on the terrace a few in front of them.

Eva screamed, and buried her face in her mother's shoulder.

Pepper released her hold on Ethan, and began rubbing circles on the trembling child's back, "It's okay, baby. It's just Uncle Thor. See?"

The second his mother released him, Ethan ran forward to his uncle, exclaiming, "That was _so_ cool, Uncle Thor!" Strange but it seemed Ethan was suddenly out of his shell.

Thor smiled at him, recalling the human vernacular meaning of the word, "Indeed." It was only when Thor gestured towards his traveling companion did the boy notice that his uncle had not come alone. "Ethan Stark, this is my friend and ally in arms, Lady Sif of Asgard. Lady Sif, this is Ethan, son of Anthony who is also known as the Man of Iron among the people of Midgard."

Ethan extended his hand towards the stranger, knowing it was alright to speak to her because his uncle knew her. "Hello, it's nice to meet you."

Sif smiled at him, and having been prepared by Thor regarding the Midgardian custom of handshaking, gently took the boy's hand, "It is my honor to meet the son of one of Midgard's greatest warriors."

Ethan giggled, "You talk funny!"

Until that moment Pepper hadn't been paying much attention to the meeting as she had been trying to console her frightened daughter. But her motherly sharpened ears easily picked up what her son had just said, and she was instantly walking towards them, "Ethan Stark, what you just said was very rude! Please apologize to your Uncle's friend!"

The boy dropped his head, then muttered, "Sorry."

The Asgardian woman smiled at him, "No offense was taken, young one."

"Still, please accept my most sincere apology," Pepper said.

Sif nodded, "It is accepted, my Lady. However, you should I am the lone maiden warrior within my King's armies and as a consequence have been subjected to far more boorish behavior from many who are far ahead of your son's years. Verily therefore t would take more than the mis-speakings of a young one to cause offense."

Pepper smiles, nodding as Thor resumed the introductions.

"Lady Stark, although you have already met my friend, allow me to introduce Lady Sif of Asgard. And this, my friend, is the Lady Pepper Stark, consort to the Man of Iron." Because of Eva in her arms, Pepper gave a nod to the other woman, "Hello, it's good to meet you, Lady Sif."

In return, Sif offered her a salute and said, "The honor is mine, Lady Stark."

"And last but certainly not least," Thor said, indicating the turned back of the small girl in her mother's arms, "I wish for you to meet Eva Stark, daughter of Anthony." He addressed Sif since the child's face was still buried in her mother's shoulder.

Pepper rubbed her daughter's back, and said gently, "Eva baby, would you like to look up now, and meet your Uncle's friend? She's very nice."

Eva shook her head.

"Please, dear little one, my friend is most eager to make your acquaintance," Thor said in an encouraging tone.

To their surprise, Eva began to lift her head, and then turned to look at the Asgardian woman. "Wow, you're so pretty!"

Sif actually blushed as she replied, "Thank you, little Iron Maiden."

Pepper hoped Eva wouldn't follow her brother's example by commenting on how Lady Sif spoke. She smiled just a second later when her daughter asked in an awestruck voice, "Are you a princess?"

"No, I am not, little one, but I am only a Lady among my people."

"Well you a pretty Lady."

"Thank you."

Pepper smiled, so proud of her daughter, and then she grew serious again, "Well, I guess it is about that time, isn't it?"

Thor nodded, "Indeed."

Pepper began rubbing her back again as Eva immediately reburied her face, and started crying again. With tears in her own eyes, she asked, "May we have a moment please? There are a few things I still need to say to them."

"Of course, dear Lady," Thor replied before he and Sif moved to the far side of the terrace.

Pepper moved them over to a lounge chair so she could sit down and look both of her children in the eye at the same time. "Come sit down beside Mama, sweetheart. I have something important I need to say to you and Evie." She waited until he was seated beside her on the lounger before she wrapped an arm around him, and took a deep breath.

"I need you to both listen to Mommy very carefully, okay?" she asks, receiving nods from both. But she needs to be sure so she asks again, "Can you both be good listeners to what Mommy has to tell you?"

"I need you to both listen to Mommy very carefully, okay?" she asks, receiving nods from both. But she needs to be sure so she asks again, "Can you both be good listeners to what Mommy has to tell you?"

"Uh huh," Eva answers.

"Ethan?" Pepper said when she notices is looking in at his Uncle and Lady Sif's direction, "Honey, are you listening to me?"

"Are we really going to go live on Asgard with Uncle Thor, Mom?"

"You are for just a little while, yes. That's what I want to talk to you about so, honey, I need you to listen to what Mommy is saying now. Okay?"

"Okay," Ethan affirms but keeps his eyes on the Asgardians.

"I also like you to look at Mommy while she's talking," Pepper said, and waits for him to turn his head back towards her. On the other side of the terrace, Thor has taken notice of her predicament, and with a nod leads Lady Sif out of sight inside of the penthouse.

"Ethan?"

"I'm listening," he responded, his tone a bit sullen.

Pepper hoped that this was one of those times her son would absorb what she was saying because to her it still looked like he wasn't listening. Taking a deep breath, she began, "Ethan, Eva, while you're both on Asgard, I want you both to listen and do what your Aunts tell you to do, just like you would Mommy or Daddy, okay?"

"Okay, Mommy."

"Ethan?"

"Okay."

"I pretty sure you're both going to get to meet your Uncle Thor's Mommy and Daddy," Pepper paused, mentally laughing at how she had referred to the King and Queen of Asgard, then continued, "I want you to especially use your manners with them. You should be nice to everyone new you're going to meet on Asgard be extra nice and respectful to them. Okay?"

"Okay," her daughter answered immediately."

"Ethan, sweetie, did your me?"

He responded by nodding his head, and gave a mumbled, "Okay."

She didn't press the issue, knowing that her son would take in things that she had thought he had missed. He was a lot like Tony when it came to that, so instead she said to them both, "Come here. Mommy needs some hugs and kisses before you go off to have lots of adventures with your Aunts and cousins on Asgard!"

She spent a few minutes more giving them both hugs and kisses, muttering how much she loved them both while trying to ignore the two Asgardians standing off to the side nearby, waiting to literally take her children off to a whole new world. Finally though she looked off towards them, and using every bit of resolve she had, she smiled then said, "Come on! Let's not keep your Uncle Thor or Lady Sif waiting any longer."

Pepper stood up, took hold of both of their hands, and the three of them walked over to the Asgardians.


	4. Chapter 4

"Pepper?"

For ten minutes after they had vanished in a flash of light, Pepper stood hugging herself and staring at the spot where her children disappeared with their Uncle. She heard footsteps falling as Rhodey walked across the terrace to join her, and as he got near her, she said in a pained voice, "They're gone."

He wrapped an arm around her shoulders, and said gently, "I know. JARVIS told me when they left." Although it had been a needless gesture with all the noise that Thor's arrivals and departures tended to make, the AI had indeed informed him of the very moment the kids had been swept off to Asgard. "How are you holding up?"

She shrugged, "Considering the two reasons I haven't completely gone insane from worry and fear for my husband just left for an alien planet, I'm okay I guess."

"Do you need to talk about it?"

"No, actually I think I am talked out about it for the night, thanks."

"Are you sure?"

She looked at him, "Yeah, I am. I think I just want to get ready for bed now."

He nodded, "Okay, then."

She had started to go back inside.

"Do you need me to stay in the guest room tonight instead of on my floor?"

She stopped at the door, "No, you don't have to."

"Are you sure? It's not a problem."

Pepper smiled, "I know, thank you. But I'll be okay, and besides we have to be at the courthouse early tomorrow."

Rhodey gave her a concerned look but finally nodded, "Okay, then. Just have JARVIS contact me if you change your mind and I'll come back up."

"I will. Goodnight."

* * *

 **Pepper gave a teary sigh as she finished pulling her sleeping t-shirt over her head, and reached for her toothbrush. A few minutes later, she crawled into bed, and pulled Tony's pillow to her. She hugged it as tightly as she could to her, letting go of the tears that had been keeping at bay.**

Her husband was in prison, convicted for a crime he hadn't committed, and waiting to learn if he would spend the rest of his life in prison or be executed. Her children were gone, having left Earth just over an hour ago with Thor.

She was completely alone.

"Ma'am?" JARVIS began in a gentle tone after she had been crying for awhile, "Do you wish for me to ask General Rhodes to return to the penthouse?"

Sitting up in bed, she shook her head, "No, don't disturb him. I'm fine, JARVIS. Thank you."

"Forgive me for saying so, Ma'am, but you do not seem _fine_ to me," the AI countered.

"I'm fine, JARVIS!" she said tersely, and immediately regretted it. "I'm sorry that I snapped at you, JARVIS."

"There is no need to apologize, Ma'am. I overstepped my bounds."

She sighed, "No, you didn't. All you were doing was trying to take care of me like you've always have. Thank you."

"It is my utmost pleasure, Ma'am."

Hearing the concern, as well as what she knew was love in the AI's voice made Pepper tear up wiped her eyes thinking how her husband could be the only one to have created an artificial being who was capable of not only understanding love but feeling it as well for the humans he served.

She sighed, and hugged Tony's pillow again, wishing for all the world that it still smelled like him, "I'm just so scared and worried, JARVIS."

"I, too, am concerned for Sir."

"I know that you are," Pepper said sadly before she laid back down in the bed. After listening to the sound of the deafening silence for a little while longer she muttered, "It's so quiet in here now. Too quiet."

"Indeed."

More silence followed in the next few moments until she sat up in bed again, and threw back the comforter. Grabbing a hold of her pillow along with Tony's, she padded her way back out into the living room where she began to set up a bed for herself on one of the sofas.

"May I ask what you are doing?" JARVIS asked while she was tucking a sheet into the crevices.

"Making my bed," she replied.

The AI was silent a moment then said, "I am afraid that I do not understand, Ma'am."

Taking a seat on the makeshift bed, Pepper arranged her pillow then laid down, once more hugging her husband's pillow tightly against her, "I… I can't sleep in there anymore, JARVIS. Not when Tony and my children are both gone. It's too quiet in our room… and right now being in our bed without him... just hurts too much."

JARVIS allowed her to be and did not question her any further after that.

Closing her eyes, Pepper said, "Be sure to wake me in the morning at six o'clock, JARVIS."

"Very well, Ma'am. Goodnight."

"Goodnight, JARVIS."

* * *

 **"** **As we understand it, the jury's life or death decision for the penalty phase was supposed to have been announced almost half an hour ago, but yet our reporter inside the courtroom tells us that they are still awaiting the arrival of all the key players. Don't worry those of you watching this from home because the moment we hear what the jury's decision is, so will you."**

* * *

 **"** **Count 1: We, the Jury, duly empaneled and sworn do hereby find by proof beyond a reasonable doubt that the aggravating circumstances that the defendant was found guilty of do outweigh the mitigating factors presented in Count 1. We therefore unanimously recommend that the sentence of death-"**

A heartrending sob shattered the relative silence of courtroom, interrupting the judge's reading of the jury's decision. He looked immediately at the gallery where a lone form was standing up, looking at the jury.

With tears raged down her face, Pepper managed to grind out at jurors, "No! How could you? How could do this to him… to us?"

"Mrs. Stark!" The judge said in a stern tone.

She didn't hear him, "How… how could you do this to my children? Take away the father they love!" When none of the jurors would look her or even Tony in the eye, Pepper's temper flared, "You know if you're going to sentence a man to death, the least you can do is have the courage to look him in the eye!" By now Rhodey's shock had worn off, and he was standing beside her, wrapping an arm around her, trying to get her to sit back down.

The judge pounded his gavel, a deep frown on his face as he said, "Not another word, Mrs. Stark, or I will have you removed from the courtroom and banned for the rest of these proceedings!"

For briefest moment, it was clear Pepper was weighing if saying what she still wanted to say was worth being removed and banned from the room. She held her gaze steady with the judge's until he said, "I mean it, Mrs. Stark one more word and you will be removed from the courtroom."

She looked at the jury one more time, and sat down. Rhodey kept his arm around her, and she laid her head on his shoulder as the judge resumed reading the jury's penalty verdict.

"We therefore unanimously recommend that the sentence of death should be imposed on Anthony Edward Stark. Signed by all twelve jurors."

For Count 2, the judge read the exact same decision, while Count 3 resulted in a sentence of life in prison. Once he was finished with the reading of the jury's decision, he looked at the prosecution. "Is there anything else on behalf of the government?"

The prosecutor stood up, "Yes, Your Honor. On behalf of the government, we would like to request that you proceed with the formal sentencing immediately."

With a nod, the judge addressed the defense, "Any objections, Mr. Rooney?"

"I would like some time to confer with my client, Your Honor, before I answer that question."

"Very well, Counselor. We will take a ten minute recess."

"All rise!"

* * *

 **"** **Where's Pepper?" Tony asked the moment his lawyer walked into the conference room.**

"She's still in the courtroom."

"But I want her in here for-"

"I'm sorry, Mr. Stark, but you know that because you've been convicted they won't let her in here," he replied, making a pointed look to the handcuffs around Tony's wrists. "Now, we need to discuss whether or not you want me to ask the judge to delay the formal sentencing until another day."

"Why? Is there any real point to delaying it if he is just going to sentence me to death anyway?" Tony asked in a morose tone.

"Yes, there is a point. If there is a lapse of time between now and when you are sentenced, the judge may decide to impose life in prison instead of the death penalty."

Tony gave him a confused look, "What?"

"I said-"

"I heard what you said but I don't understand _how_ he could not not sentence me to die? That doesn't make any sense!"

"It may not make sense but it will give him time to think over the sentence for himself."

* * *

 **"** **Are you ready to proceed with sentencing now, Mr. Rooney?"**

The man stood up, and said, "No, Your Honor, we are not. Ihe defense requests that you delay the formal sentencing for a period of one week." Rooney held his breath, knowing the judge would see his tactic for what it was, a delay so that maybe he would maybe not impose the death sentence.

The judge frowned, but then nodded, "Request is granted."

There was a murmur in the courtroom.

"Order." The room immediately quietened down. "Your request is granted, however, I am only granting a period of three days."

Not as much as he had hoped for, but he nodded, "Thank you, Your Honor."

"Be prepared, counselor. When we reconvene, I will be formally passing sentence upon your client."

"I understand, Your Honor."

* * *

 **"** **Mr. Stark, please rise," the judge said, and waited for Tony to stand, "I have reviewed both the mitigating factors as your defense counsel had presented, and I have weighed them against the aggravating factors presented by the government." He paused, allowing his words to sink in. "In conclusion, I must agree with the government's request, and the decision of the jury."**

There was a gasp in the gallery, and he paused again to send a look towards whom he knew the source to be. Once he was sure there would be no further outburst he continued, "Anthony Edward Stark, I hereby sentence you to death by lethal injection, and may God have mercy upon your soul."

Rooney immediately leaned close to Tony, and whispered, "I will file an appeal as soon as we are done here."

But Tony didn't hear him for the blood rushing in his ears, did not hear any of the words that his lawyer exchanged with the judge until he heard the man say, "I am setting the execution date for October the sixth, two thousand twenty one."

"No, you can't do that!" Tony exclaimed, snapping out of his shock.

The judge shot him an irritable look, "Keep your silence, Mr. Stark."

"But I can't! I can't die only four days after my son's birthday! Please don't do that to him! He's only going to be eight this year!"

The irritation on the judge's face grew, "I am warning you, Mr. Stark-"

Tony snapped, "To keep my silence or what? You'll have me removed from the courtroom? Held in contempt?" He laughed sardonically, "You just sentenced me to death… to _die_ four days after my son's birthday. Believe me there is nothing you can do to me now that's worse than that!"

"Counselor, I suggest that you regain control of your client _right_ now," growled the judge in a tone that said he would not allow any more arguments.

The billionaire had opened his mouth to say something, when Rooney leaned over, and said quietly in his ear, "Don't. You might not realize it now but he can find ways of making this worse on you than it already is, Tony."

Tony looked at him for a long moment, then nodded.

The lawyer turned to the judge, "I apologize, Your Honor, for the outburst. My client is understandably upset by everything that has happened today."

The judge nodded as if he had accepted the apology, and had been about to resume what he was saying when he was interrupted again.

"Please, Your Honor," Tony began in a tone that was as respectful, and mild as he could make it, "if you can't show me mercy, then at least I ask that you have it for my son. He doesn't deserve to have my death associated with his birthday for the rest of his life. Please choose another day for my execution date."

The judge's gaze was stone cold, and as he spoke it was obvious that his heart was unmoved by the plea, "Mr. Stark, it is regrettable and sad that your son will have to deal with the fact of your death occurring so close to his birthday at such an early age in life, but I will not change my decision. Mr. Stark, your request that I move your execution is in fact a request for yourself using your son as a proxy as a reason as to _why_ I should grant you the very mercy you failed to show to the people you murdered the day you decided to take the punishment of your daughter's kidnapper into your own hands."

He paused a moment to allow his words along with their ramifications to sink in, then added, "Your request is denied. Your execution date is hereby ordered to be carried out on the Sixth of October of this year."


	5. Chapter 5

Rhodey took a sip of his coffee and looked at towards the door of the cafe just in time to see her walk through inside. He saw her but it soon became obvious she didn't see him with all the other people here, so when her head turned back his way, he stood up, and waved.. She smiled when she saw him, and walked over to the counter to put in her own drink order before coming over to the corner table he was sitting at.

"James," she said as she came closer to the table.

When she finally got close enough, he gave her a quick kiss on the cheek, "Hey, thanks for coming."

She nodded, "Sure, no problem."

"So, I can imagine you know what this is all about."

She sighed, "Yeah, I can imagine that I do."

At that point her drink was ready, and one of the servers brought it over to their table. Rhodey waited until the server leaves them alone to continue with what he needed to say to her. He sighed, and reached across the table to take her hand, "Monica, I'm afraid there's probably isn't an easy way for me to tell you this. I just want you to know that what I am about to say isn't something I want to be permanent in any way… not unless you want it to be."

Monica smiled softly at him, and squeezed his hand, "It's okay, James, because it's probably along the same lines of what I've been thinking since… since they convicted him and the sentence was handed down."

He nodded, and knowing that she understood he began, "I think until this is resolved… one way or another, I think… I think it would be best if we don't see each other."

She nodded, "I was right. That iis/i exactly what I was thinking too."

"It has nothing to do with you, Moni."

"And my thinking the same thing has nothing to do with you either. I'd like to be there for you through all this but I have to think of Colton."

"Yeah, I know, and he's one of the main reasons I think we need to put things on hold for awhile."

"Tony and Pepper themselves are your other reason," Monica stated.

Rhodey nodded, confirming her statement, "Tony's life is literally on the line here, and I am not going to let him die without doing everything I can possibly do to help clear his name."

"Of course you aren't. He's your friend."

"My ibest/i friend," he replied with a sigh, "Moni, I haven't been this worried for him since he was kidnapped and held by terrorists in Afghanistan. This is the first time since those three months I am scared… I mean ireally/i scared that he's really going to die this time and there will be absolutely nothing I can do to stop it from happening."

"Oh James, I-"

"Excuse me?"

They looked up to see a woman standing there.

"I'm sorry to interrupt your conversation but are you General James Rhodes?"

He looked over at Monica, then said, "Yes, I'm James Rhodes."

They both held their breaths while they waited to find out what she wanted.

She pulled a pad of paper from her purse, "Like I said, I am very sorry to interrupt your conversation but please would you mind… signing this?"

"I'm sorry, Miss…?" Rhodey replied.

"Oh, my name's Miranda Devendorf. I know with everything that's going on right now… it's… a bad time to be asking this from you but you see my son, Brad, is a big fan of yours. I mean he's a fan of War Machine… and the Avengers too. It'd make his year if I can get your autograph for him."

Monica gave the woman an incredulous look, "You know, miss, this isn't exactly the-"

"No, it's okay," Rhodey interrupted, holding out his hand, "I don't mind doing it for your son."

"James," Monica muttered in a low voice.

He looked at and said, "Sweetie, I don't mind… really." He looks back at the woman, "How old is your son?"

The mother beams with pride when she answers, "He just turned eight last month."

Rhodey had just been about to sign the page when he heard her say how old her son was, and hesitated when he heard the boy was eight because he immediately thought of Ethan. He starts writing before either of them can notice something is wrong, and makes the remark, "Hmm, I have a… nephew who is almost eight years old. His birthday is in a few months." He hands the pad back to its owner, and the woman's smile widens when she sees what he wrote on the page.

"Oh thank you so much for this! Brad's gonna be so excited when he sees this!"

"Glad I could help."

The young mother turns away to leave, then stops, and looks back, "General?"

"Yes?"

"I'm sorry about what happened with Mr. Stark. I know that he's your friend, and I hope everything will work out for the best in the end." It wasn't exactly a declaration of her belief in Tony's innocence but it wasn't quite one of condemnation either. Still it was a show of support to him, and he nodded a thank you in recognition of the fact. While the woman was returning to her own table, Monica was reaching across the table to put her hand on Rhodey's.

When she spoke her voice was soft, and a bit angry, especially when she saw the pain in his eyes, "Are you alright, James?"

He nodded, laying his other hand on hers, "Yeah… yeah I'm okay."

Monica resisted the urge to glare at the woman on the other side of the cafe, and instead said, "The nerve of her! I mean your best friend has just been convicted in federal court of a crime that he didn't commit and was just sentenced to death for it, and she can't respect you at a time like this enough to let you have your privacy?"

Rhodey shrugs, "Well, we are in a public place. It just comes with the territory and it's not that big of a deal."

He shrugged again.

"Comes with the territory? Not that big of a deal? Honey, you have a right to privacy too, even in a public place!"

When heads turned in their direction during the last part of what she said, he squeezed her hand, "Maybe we should go?"

Monica nodded after seeing how many eyes were staring at them, "Yeah, leaving is probably a good idea." She began gathering up her things when Rhodey asked for some to-go cups for their coffees. A short later when they left the cafe she saw the woman who had approached them mouth another apology, and she just waved her off as she was neither willing or in the mood to accept the apology right at that moment.

They were holding hands as they exited the cafe, and began walking towards the park. They had only walked a small distance when Monica stopped, sighed, and looked at him, "I'm sorry, James, but I am gonna need to head back to work soon."

He sighed too, "I wish you didn't have to go so soon since I don't know when I'll be able to see you again."

"I know. I'm sorry."

"No, it's okay. I understand."

Monica set her coffee down on the sidewalk, and wrapped her arms around him in a tight hug. She held him for a few seconds, then whispered into his ear, "I love you, and I want to see you again after this is all over. Okay?"

"Okay," Rhodey replies, tightening his arms around her, "After this is over with… just be stay safe until then?"

"Hey, I think that I was supposed to say that to you!"

"Probably, but I love you too, and… I couldn't take something happening to you too."

She heard his unspoken implication, and kissed the side of his face, "Oh honey, I've got everyone I trust praying for him so don't you give up hope. And idon't/i you give up praying for him too. Okay?"

"Yeah… okay."

Monica held onto a few more seconds than pulled back. Looking into his eyes, "I meant what I said. Don't give up hope. I love you."

He nodded.

She leaned and kissed him, "Call me if things get to be too much, James. Day or night… I don't care what time it is. If you need me, icall/i me. You hear me?"

"Yeah."

She sighed, and picked up her coffee, "Well, I have to go."

"I know."

Her lips brushed his cheek, "I'll be seeing you again soon, James. Love you."

"Love you too, Moni," Rhodey said with a nod, and then watched as she left him to walk back to work. It was only after she disappeared that he added a quiet, "With all of my heart."

* * *

How long will it be before I'll be allowed to visit my husband?" Pepper asked, her lips drawn into a thin line of anguish.

The expression on the warden's face was sympathetic but firm as he replied, "The waiting period for families to be able to visit with new Death Row inmates is normally two weeks." He held up a hand when she opened her mouth to make a comment. "I realize, Mrs. Stark, given your husband's situation having to wait out the full two weeks to see him again is not only a long time to make him wait but you as well. I also realize how much those two weeks would cut into how much time Mr. Stark has left to see visitors."

"Yes, it would," Pepper agreed.

"Please, Warden . Berry, Is there any way you can speed up the process so I can visit him sooner?"

The warden looked at her a long moment then nodded, "Yes, I believe so, provided that Mr. Stark gives us his complete cooperation during the intake process. If we are given the cooperation we need, I believe it would be possible for you visit with your husband first thing on Friday."

iOh please, Tony, for once in your life be completely cooperative!/i

"I'll come back on Friday then. How many visits are we allowed a week once I can see him?"

"Normally you would be allowed only three one-hour visits during the entire week. However as we've already discussed, Mr. Stark's situation is… unique for a Death Row inmate. I do not believe that I can increase the number of visits themselves, but I am willing to allow for your visits to last for two hours instead of just one hour."

Pepper gave a grateful smile for his concessions on the outside but inwardly she was shouting protests over the fact that even with the time increase for the visits, they were still only going to be allowed three visits a week. None of this showed on her face however when she said, "Thank you."

He nodded, "I am sorry that I cannot do more, Mrs. Stark, but I am stretching the regulations as far as I am able to by giving this concession to you both."

"I understand, Warden. Thank you. I have a few questions I need to ask you if I may?."

"Go ahead."

"When Tony's lawyers visit him, do those visits count towards our visits?"

The warden shook his head, "No, Mrs. Stark, they do not. The regulations governing the visits inmate between attorneys are separate and different than those that govern the visits of family or friends."

iThank goodness./i

"Alright, my second question is, how many people can visit Tony at the same time?"

"Two people may visit an inmate at the same time, but they must arrive together at the same time."

"Do both have to stay for the entire visit?"

"No, one of you may leave the visit at any time while the other one stays."

"Okay, good." Pepper felt a little relief at hearing this as it meant that Rhodey could come with her and they would be able to take turns visiting with Tony alone. The relief was shattered with the next thing the prison official said.

"However if you go in together, and one of you leaves, the person who leaves may not return for the rest of the duration of that visit."

Pepper bit her lip, then asked, "What if we arrived at the same time but only one of us goes in to see Tony? Would we be able to switch out after a certain amount of time?"

"Yes."

"May I ask why then if both of us goes in and one leaves, that one who leaves cannot go back in?"

"The reason amounts to a matter of security. When you enter the prison, you'll have to submit to a screening by the guards. just as you did today, and once you pass that screening they'll take you to a secure area of the prison where you'll wait to go in to see Mr. Stark."

"So what you're saying it's like how you're not allowed to leave a certain designated area of the airport once you've passed through security because if you did then it's like being at the airport when the TSA has to re-screen you after you return to the area you were in before going through security?"

He thought for a moment then nodded, "Yes, that is a fairly close and somewhat accurate analogy."

"Then I understand, and I'll make sure that if anyone comes along with me that they understand the procedure."

"Thank you," he said, then added, "You have been informed that you must submit a list of anyone who wishes to visit Mr. Stark for prior approval before they may come to the facility, correct?"

"Yes, I was informed of that and I have it with me. Do you want me to give it to you now?"

The warden nodded, "Yes if you have it with you."

Pepper opened the folder of documents she had brought with her and handed him the appropriate page. While she watched him read over the page, she asked, "Tony has a say in this, right? I mean I haven't included anyone on the list that he wouldn't want to see but-"

"But you want to be certain that he has of much of a say as possible?"

She nodded.

"Of course, I understand," he said, putting the list down on his desk. "Other than Captain Steve Rogers, I do not see any of the other Avengers on this list. May I ask why that is?"

"Would you have approved them if I had included them?" Pepper countered.

The prison official shook his head, "No, I would have not. As it is, I will need to see and speak to Captain Rogers before I will approve his ability to visit Mr. Stark. As for the others, well Thor is not from this planet, so he may not understand our protocols here. Then it is all but confirmed that Hawkeye and Black Widow worked for SHIELD when it was still around, and because of this fact, under no circumstances would they be allowed inside this facility. As for Dr. Banner-"

"Bruce is not on that list, Mr. Berry, because none of us have a clue about where his current whereabouts are, and frankly I don't expect that to change."

He nodded but didn't voice the obvious in that he couldn't allow Bruce inside the prison even if Pepper had any idea where the man was right now. "I do not see any problems with anyone else who is on this list. I wish to ask, however, who is Mr. Harold Hogan is? Also, I noted that your children's names are not present on the list."

"My children are seven and a half and four and a half. Do you really think that I or even Tony would want either of them inside this place?"

"No, Mrs. Stark, I do not."

"In regards to Mr. Hogan, besides he is our family's bodyguard and protector. He is also the head of the Stark Industries Security Division."

"I see. May I ask why he would want to visit Mr. Stark?"

"Well, because he is also a trusted friend, both to my husband and to myself. Will there be a problem if he wants to visit Tony?"

"No, there will be no problems if Mr. Hogan understands and abides by the rules."

"I'm sure that he will."

"Then he is free to visit Mr. Stark if both agree to the visit. Now is there anything else that you need to ask me before our meeting is concluded?"

Pepper nodded, "Yes, I want to know that if I bring some things from home for Tony if you would allow him to have them? You know something like a book?

The warden shook his head, "I am sorry, Mrs. Stark, but personal items other than a small limited number of photographs, are not allowed to be in the possession of an inmate."

"Pictures are allowed you say?"

"Yes."

"How many would he be allowed to have?"

"Three."

"How big can they be?"

"Not any larger than five by seven in size."

Pepper nodded, "I'll make sure that they are no larger than five by seven then. Anything else?"

"Yes, they cannot be framed."

"Then they won't be."

Their meeting ended soon after that, and once Pepper had paid for the maximum balance allowed for Tony's commissary account, she left the prison.

* * *

 **AN:** I probably should have waited to post this but it's been awhile and I figured it was time. I will however be awhile with the next chapter as I need to work on editing more chapters and I also want to wait until my verse's anniversary comes up on June 5. Just know although I hope to have some chapters banked by then, I will be updating on that day regardless whether or not I have more chapters edited.

Thanks for continuing on this journey with me!


	6. Chapter 6

**AN:** My series is FOUR YEARS old today YAY!

* * *

Skye laughed.

She laughed long and hard enough that she would probably need to wipe her eyes once she stopped laughing.

Director Phil Coulson was patient enough that he was willing to let her just laugh until she no longer found what he had said funny.

However, the third person who was in the room with them was not, and when Melinda May had finally had enough, she growled one word, "Skye."

Seeing the glare her S.O. was giving her, Skye made an effort to wrangle in her laughing, and was soon down to a few chuckles of mirth.

"Are you done?" Coulson asked once she was mostly quiet.

Skye wiped her eyes, then took a sip of water from her bottle before she nodded, and said, "I'm sorry but it sounded like you said that you want me to go to Stark Tower, and give the A.I. Tony Stark himself wrote, a check up!"

"That's because that is _exactly_ what I said."

Only another warning glare from May kept Skye from starting to laugh again, although she couldn't hold back a giggle or two. She looked Coulson squarely in the eye, and said, "I know I rocked at hacking once upon a time, but we're talking about an artificial intelligence program that was written by Tony Stark himself. I'm good but, sir, I'm not _that_ good! I mean back in the day there servers I knew better than trying to hack my way into because they were too dangerous and Stark Industries was at the very top of the DO NOT HACK EVER list!"

"You wouldn't touch Stark servers back then but you thought that it was safe to hack into SHIELD servers," May said.

Skye shrugged, "What can I say? SHIELD's servers were much easier to crack, I had a cause I was a part of. Plus I didn't feel like having my equipment fried by any surges S.I. servers might have sent my way if I had been stupid enough to try a hack!" She turns to Coulson, "Seriously, beside the fact that it's impossible to begin with, I wouldn't know where to begin to beat an A.I, written by Tony Stark. It would probably take me days just to figure out how to get past the preliminary security and even if I do somehow manage to get in there's no guarantee it wouldn't just lock me back out!"

Coulson continued to give her an amused look for a few seconds before he pulled a tablet out of his desk drawer and handed it to her.

"What's-"

"That," he began, "Is the backdoor of how you get into Stark Industries' specifically, it's how you're going to into JARVIS's codes long enough to have a look around."

Skye gives him a bemused look, "Wait, if you already have a backdoor inside the A.I.-"

"JARVIS."

"JARVIS, right, then _why_ do you need me to hack my way in?"

"Because you're the one most qualified to know what they're looking for once you're in," May supplied.

"Qualified? What-?

"Skye, I'm giving you this assignment because I want you to go into JARVIS's base codes and see if anyone has tampered with him."

"Okay if it will let me poke around its base codes, then I guess I will. Can you give me any idea what I'm looking for?"

"Actually, it's _he_ , and your guess is probably better than ours since you were the hacker in your former life," Coulson replied.

"Okay, _he_ then. When should I get started?"

It's May who answers her question, "Now would be a good time to start since Stark's life may depend on what you find."

Skye nodded, "Okay, then. I'll get busy on it. Is it okay if I ask Fitz-"

"No, this is your assignment. We need Fitz here working on other things," Coulson said, using his director's tone.

"Yes, sir."

* * *

"Tony, is something wrong?" Pepper asked after she realized she was doing most of the talking while Tony's answers to her were short, monosyllabic words.

He shrugged, and said, "Nothing."

She wasn't an expert by any sense of the word but over the years Pepper had learned to read body language fairly well, especially that of her husband, and his right now said he was more than just merely upset. "Yes, there is. You're angry about something."

Again his answer was short, "It's nothing."

"No, it's not nothing," she said after a moment, "Something or… is it someone has done or said something to make you feel this way, and I'd like to know."

Tony sighed, "It's nothing, Pep. Really."

"If it's nothing then why won't you tell me?" she countered right before a thought entered her mind. "Wait, is the reason you don't want to tell me is because it was the guards said or did something to you?"

He shrugged again, "Actually considering how much of a nightmare this whole thing has been, I think the guards have been kinda on the side to fair to me."

"Then _what's_ wrong?" Pepper persisted, not willing to let it go. He didn't say anything in response. She just stared into his eyes until his eyes dropped, and when he looked away from her, she had a realization to hit her. "Oh my… it's me, isn't it? It's me that you're upset… angry with!"

"Pepper..." Tony began, and stopped, still not looking at her.

"I'm right, aren't I?"

He was slow to answer her question but when he did, he nodded, and slowly raised his head. "Yes, you're right. It's you but... I think I'm more… I don't know, more than confused than I am angry with you."

Although his body language said otherwise, she decided not to respond verbally to that statement… at least not yet. Pepper tried to think of what she could have done for him to be this way during one of the precious few visits they were allowed each week, but she couldn't. Try as she might she could not think of what it was. So she asked, "Why? What did I do… or say that has you feeling this way?"

"You're not going to let this go, are you?"

"No, I'm not. I want to know what I did that has you… so bothered that for most of this visit you've barely said anything of sustenance to me. Tony, you know that I only want to help you so would you _please_ talk to me?"

Tony glanced at the clock in the room, and said, "Okay, it looks like we're going to have this conversation after I promised myself that we wouldn't. You want to know what's wrong… why I'm upset… no, I'm more than just upset and I suppose it's time I admit to that."

Pepper nodded internally but gave no outward sign of acknowledgement that she had been right all along.

"Can you tell me why you thought it was a good idea for you to send our kids off to another planet... another dimension without talking about it first _with_ me? I'd like to know just _how_ long have they been gone... and to Asgard? Really, Pepper? You sent them to Asgard? How long would you have gone without telling me where they were? Huh? Or were you even planning on telling me if I hadn't found out some other way?"

She sighed as he looked away from her again, tears filled her eyes as she said, "I wish I could have had the luxury of talking to you about before I sent them off to another planet. But I didn't, Tony! I didn't! You had just been convicted, and I had no way of knowing whether or not you'd be sentenced to death. You being convicted was bad enough, but I didn't want them here if worst possible outcome happened! So when Thor offered to keep our children safe, it gave me a way out for them, and I _took_ it!" Pepper pauses to swipe at a stray tear.

When she continued, her voice was shaky, "So, yes… _yes_ I accepted his offer. I wanted them to be as safe as they could be while we deal with whatever the sentence was because… because if something were to happen them after I've lost you… well, I will either lose my mind or maybe I would just die from broken heart I will have after I've lost everyone that I love!" Her tears began to fall, and she buried her face in her hands, her shoulders shaking.

"Oh Pep… oh honey, I'm sorry! Please, please don't cry!" When she continued to cry, he added, "Please, I didn't mean it… didn't mean what I said."

She sniffled, looking at him, "Didn't you, Tony?"

He dropped his head, his anger deflating as fast as it had come, and was replaced with regret, "No… I didn't… not really. I'm just angry and frustrated by this whole situation."

"That's no excuse, Tony!"

"I know, and I'm sorry."

"I mean it, Tony! It's not an excuse because you know what? You are not the only one who is angry or frustrated or _frightened_ by this whole situation. I know that every day that goes by and you're not in the clear means that we are one day closer to them actually kill… killing you. You have no idea how much I… how scared I am! I am literally scared out of my mind that I'm… that we're going to lose you at the end of all this!"

"I know, honey, and I'm-" He got no further in what he was saying because the door behind him opened and the guards came into the room.

"Stand up, hands behind you. Time's up."

Tony kept his seat and looked at them, "Can I have just one more minute with my wife here please so I can give her a proper apology?"

"No, your time is up, Stark. Stand up and place your hands behind your back."

"But-"

"Tony, it's okay. I know you didn't mean it," Pepper interjected, trying to smooth over what she was witnessing.

His mouth was open to respond to her as the guards on his side began to take actions to force Tony to get up on his feet but what he was going to say was cut off when the door on Pepper's side opened and a female guard came in.

"Ma'am, you need to come with me," she said, matter of factly.

"No!"

Both of the women jumped when they heard the sounds of hands hitting on the glass.

"Don't make her leave yet! I need to talk to her!"

Pepper looked at her husband.

"Come with me please, ma'am."

Forcing a smile, Pepper said, "It's okay, Tony. We can talk about this next time I visit." As she finished speaking she felt a hand being laid on her arm, and she turned to look at the guard as she spoke in a firm tone.

" _Now_ , ma'am!"

Maybe it was the woman's tone of voice or the fact she had a pretty tight grip on her arm, but whichever it was, the next thing Pepper heard in her husband's voice was something that actually scared her.

"LET HER GO!" the demand was snarled, and was followed by a few other words that shocked Pepper.

Before she could try to assure her husband that the guard wasn't hurting her, not physically anyway, the two guards on the other side took action. They pushed Tony up against the glass wall. One maintained a grip on him while the other one snapped one of the handcuffs around Tony's wrist.

One handcuff was all he got on because Tony broke away from the other's grip. He didn't get far since between them grabbing for him again, and his forward momentum, Tony stumbled to the floor.

"TONY!" Pepper shrieked.

Two more guards entered the room with Tony, and immediately pounced on him, pinning him to the floor as he continued struggling. Despite his struggling, the guard finished snapped the handcuffs on, which were quickly followed by ankle chains. Once he was restrained, the guard who had put the restraints on looked up at Pepper.

"Leave " _NOW_ , ma'am!"

* * *

"Your husband has put me in a very difficult position, Mrs. Stark," Warden Berry began their meeting. He had called her a few hours after she had left the prison asking to meet with him the next morning, "Very difficult position."

Pepper bit her bottom lip, and didn't respond to him, instead waiting for him to continue on.

"I say difficult because I am at a loss as to how to respond to this,,, somewhat serious infraction of the rules because how I would normally discipline an inmate for an incident like this would seem especially harsh for you as well as Mr. Stark."

"May I ask h-how you would normally handle this?"

The prison official nodded, "Yes, normally I would revoke the inmate's visitation privileges for a sixty day period." He paused a second to let what he just said sink in but continued quickly when he saw how distressing possibility was for her, "However, I realize that if I were to do what I would usually do in your husband's case, it would cut deeply into the number of your visits with him." _Since he only has months left instead of the years or decades Death Row inmates usually have._

Taking a breath and swallowing the lump in her throat, Pepper tried to remain calm as she asked, "So what are you going to do in Tony's case?"

The last place Tony expected to find himself after what could only be described as a meltdown yesterday was the guards taking him outside to the exercise area. When he walked through the actual door, he immediately understood what was going on. Seated on the bench outside of the fence was the warden, looking very serious.

"Please sit down," he said as soon as Tony was free of the handcuffs.

Sensing this was far from the time to be the least bit uncooperative, Tony seated himself across from the other man, and waited.

"Before I make my decision regarding yesterday's incident, I want to know is something like it ever going to happen again?"

"I'd like to give you an absolute no but..."

"But you can't."

"No, I can't. I'm sorry."

"Well, at least you are being honest."

"Yeah, at least I'm being honest. So what exactly is yesterday going to cost me when it comes to seeing Pepper?" When he didn't give an answer immediately added, "Look, I know I shouldn't have... lost control like that yesterday, but before you cut off our visits, please consider my wife. I mean not being able to see her will... hurt me but her not being able to see me during all the visit days we have left between now... and then is going to hurt _her_ way more. I know I deserve something for what happened, but she doesn't."

"You have left me in a very difficult position, Mr. Stark. Very difficult. This isn't something I should just allow to slide by because if word were to get around the prison that I took no disciplinary action against you, the other inmates might start thinking they can act the same way without consequences."

 _Please just get to the point and tell me how much I..._

"However, as much as I think you should face the consequences for not following instructions and being resisting the officers yesterday, I also think that your wife shouldn't be made to suffer as well."

"So are you saying what I think you're saying?"

"If you think I am telling you that I won't be revoking your visitation privileges then, yes, that is what I am saying."

Letting out a slow breath in relief, Tony closed his eyes, "Thank you."

"Don't thank me yet, because if there is a repeat of yesterday's incident, I _will_ have to take action against you. Do you understand me?"

"Yes, I understand."


	7. Chapter 7

As another glow-in-the-dark star twinkled out on the ceiling, Pepper sighed, and swiped at one of the dozens of tears that had fallen since she'd gotten back to the house. It would soon be Saturday morning, which meant it had been Friday, a day she once loved and looked forward to because it meant she'd shut out the world with her family for the entire weekend. But now since all this had started, she _hated_ when Fridays came, because Fridays meant she wouldn't be able to see Tony for two days. She _hated_ Fridays now because it meant with every one that came they were _that_ much closer to when he'd be…

 _No!_ she told herself firmly, _You are not going there! It's not going to happen. Tony will come home to you._

She let out a huff of breath as another star on the ceiling went ou, signaling just how long it had been since she had gone to bed. It had been literally _hours_ ago. Of course after she left the prison she had straight back to the rental house, intending to try to work once she was there. But as it turned out, her thoughts had been much too full, much too turned towards her husband and once again being made to leave him behind again in that place. Work became impossible due to her inability to focus her mind. If she couldn't work because she couldn't focus, then it meant reading wasn't happening either. She didn't even consider TV because it's been out of the question because of the off chance she'd come across some reporter talking about Tony. So with nothing else left to do, she had made an attempt to eat dinner, then talked to Happy to let him know that she was headed to bed.

 _"Are you sure? I mean it's really early to be hitting the sack._

She had heard the concern in his voice along with his unspoken question.

 _"I'm...not sick, Happy. I'm just really tired… and lonely for my husband."_ She had left the latter end of the sentence unspoken since he didn't need to know everything. She'd wished him a good evening, before ending the call. Unfortunately going to bed that early had not guaranteed Pepper any sleep. he hadn't been able to do anything but laying the full bed for unending hours, staring at the ceiling, watching as the stars placed there begin to glow before they slowly went out.

When yet another star blinked out, she sighed before reaching out towards the small desk that had been serving as her nightstand, and picked up her phone. Unlocking it, she went through her contacts list until she reached the name she wanted then pressed the dial button.

The line was picked up only after one ring.

"Good evening, Ma'am. How may I be of service?"

Even with every terrible thing that was going on, a smile tugged at the corners of Pepper's mouth at hearing the AI's familiar voice. She started to speak, then stopped.

"Ma'am?"

No doubt JARVIS could _hear_ her breathing and was probably analyzing whether or not she was ill from the way she was breathing. She knew if she didn't say something in reply within a few seconds, JARVIS would contact Happy and request that he check on her immediately.

"I'm here, JARVIS, sorry," she said, her voice so much shakier, unsteadier than she wanted it to be.

"There is no need for apologies, Ma'am. Are you well?"

 _No, my other half is sitting in prison, waiting for them to kill him so no I am_ not _alright_.

"I'm...okay."

"Are you certain, Ma'am?"

Pepper hesitated then nodded before saying, "Yes...I just can't get to sleep right now and…" Her voice trailed off, suddenly feeling self-conscious about what she had been about to say.

"And what, Ma'am?" the AI asked gently when she didn't continue.

Taking a deep breath she hurried to just say it, "And I was wondering if you could play some of the audio recordings you have of Tony from the workshop for me until I fall asleep?" When JARVIS didn't reply for several seconds, she almost told him to forget her request.

"Yes, Ma'am, I have reviewed the recordings of Sir, and I can do as you have requested. However, Ma'am, I feel that I must warn you that in several of the recordings, what Sir is saying is rather on the esoteric side."

"I don't care how esoteric whatever he's saying is, JARVIS. I just really want to hear his voice right now."

"Understood, Ma'am."

The next sound that filled Pepper's ear was the sound of Tony not saying something esoteric but apparently ranting at DUM-e, for whatever reason she couldn't tell. She laughed, and pressing the speaker button, laid her cell down in the bed beside her. She closed her eyes trying to allow her husband's voice lull her off to sleep instead of making her cry.

* * *

Tony had quickly learned that the prison where he was being housed while awaiting his appointment in the execution chamber, had two very different exercise yards reserved for the men on Death Row. One yard was a small, enclosed courtyard that three of the four walls when made of the same concrete material his cell walls were with red brick making up the fourth. The other exercise yard consisted of a small concrete patio that was enclosed by a chain link fence and a partially solid roof provided its occupants shelter from the elements.

In addition to his visits with Pepper three times a week, Tony was allowed ninety minutes two times a week in either one of the exercise yards, and today the guards had taken him to the latter one of the two. He circled around the enclosure for about twenty-five minutes, looking off towards the distance where he could see other inmates from the prison's general population engaged in various activities in their own exercise yard.

After he had grown tired of walking in circles, he sat down on the concrete bench that was attached to the ground, just enjoying the fact he was outside breathing in fresh air, feeling the wind blow through his greasy hair. He let his mind drift and he was lost deep in thought when someone walked up outside of the fence. He looked up at the face of the person as the man stopped directly in his line of sight. "You're blocking my view, you know."

The warden gave him a nod of acknowledgement, and said, "We need to talk."

"About what? There's nothing I want to talk to you, or really _anyone_ else in this place about," Tony replied before turning around on the bench to face the opposite direction.

Although he had been clearly dismissed, the prison official wasn't about to give up that easily. He patiently walked around to the direction Tony was now facing, and immediately said, "The officers on the night watch have reported to me that you've woken up screaming during the last two nights."

Tony's ace feels red hot from embarrassment, and he looks away from the warden as his mumbles a reply, "Yeah."

"Is there a problem that I should be made aware of?"

Tony muttered something in reply.

"I'm sorry. I didn't catch that."

"I said, I sometimes have a problem with nightmares," Tony snapped, looking up at him, "They're a little gift left over from, among other things, the time I was held and tortured by terrorists in Afghanistan."

"I see. Have you had any nightmares before the last two nights?"

The billionaire shrugged, "I don't remember. Probably not since I haven't, you know, woken up screaming."

"So until two nights ago your sleep-"

"What little sleep I could get on what you have some kind of nerve to call a bed."

The prison official ignored him, and continued, "Was undisturbed by your chronic nightmares. Is that correct?"

Tony shrugged, "Yeah, that sounds right." He didn't like the way the other man was looking at him, and so he crossed his arms then said, "Look, I'm not going to apologize for something I can't control."

"Oh, you misunderstood me. I am not asking for an apology, Mr. Stark," the warden replied in a neutral tone, "However, if your nightmares are about to become an issue that needs to be dealt with, I need to know about it because we cannot have you disturbing the rest of the other inmates on your cell block. Now, have you ever sought professional help for your nightmares?"

Tony stared at him then looked away, uncomfortable and not really willing to answer such a personal question.

"Mr. Stark?" the warden prompted, "I need you to answer my question please."

"No… no, I've never _sought_ any so-called professional help for them before."

"Why not?"

"You're getting a bit too personal, don't you think?"

The prison official shook his head, "No, I do not think I getting too personal, Mr. Stark, because as long as you are here I am charged with maintaining your well-being. Now I will ask you again, _why_ didn't you seek out professional help for your nightmares?"

"Well maybe because I don't believe any of the complete… baloney shrinks try to sell?"

The other man frowns, "Please, Mr. Stark, I would like a serious, _real_ answer to my question."

Tony shrugged, "Okay, then. I've never sought professional help because I've never needed any before."

"Your nightmares resolved themselves then?"

"No, it's more like I had ways of… dealing with them myself, and since they always seemed to work, I never had a reason to seek out any professional help."

"MIght I ask what these ways that you had to deal with the nightmares when they came?"

"Well, since they're all things not allowed by the rules of this place, so _why_ should I even bother telling you?"

"It may still be helpful if you could tell me what they are anyway."

Tony sighed, shrugged, and shook his head, "Okay, suit yourself. My first way of dealing with them was drinking copious amounts of alcohol until I'm so wasted I don't dream at all."

He paused, waiting for comment from the warden but received none so he went on, "But I actually used that one a lot less than the other ways I have for coping with them. The second way I have… had was to stayed holed up in my workshop until I pass out from exhaustion." There was still no comment from the prison official.

"Third way... actually there is no third way. I've not had any nightmares when I've fallen asleep with Pepper in my arms, which has only been almost every night since we got married."

"Is that all?"

"Yeah, that's it"

"Well, you are correct about all of those being against the rules that we have here, especially the use of alcohol."

"The alcohol one I actually haven't used in years…" Tony said, interrupting him, "Getting married and having kids made me realize how much that really wasn't the best way to deal with the problem."

"No, I wouldn't think so," the other man agreed, thinking of his own children, "Even if we had some equivalent to it, I cannot allow you to be out of your cell for extended periods of time, therefore your second way is not possible either."

Tony nodded, "Yeah, I didn't think so. And I know Number Three is definitely out since I'm not even allowed to hold Pepper's hand when she visits."

"Actually, there maybe a way for a compromise to be reached on that one," the warden began seeing hope enter Tony's eyes before he quickly added, "Please do not mistake my words to mean I will bend or break the rules regarding physical contact between you and your wife because I cannot make an exception."

Tony tried to keep the disappointment from his voice when he muttered, "Yeah, I didn't think so."

"Do not give up hope completely, Mr. Stark. Remember that I said there may be a compromise? First I need to ask you a series of questions, some that I believe you are going to find to be of a personal nature but I will need answers from you. I need to know if what I have in mind has a chance of working before I proceed. Just remember that I am not going to ask this question to offend you or satisfy my own curiosity for the sake of doing so."

He studied the man's face for about half a minute before Tony nodded, and said, "Okay, I'll try to remember. Now what is it that you want to know?"

The warden ran a finger over his chin in thought about how he would pose his question and then he said, "You're wife is the CEO of your company, correct?"

"Yes."

"As part of her position as CEO, your wife has had to make business trips to different parts of the world to further your company's interests, correct?"

"Yes."

"You have two children, correct?"

Tony nods an answer this time.

"Have you and your children, at any time, accompanied your wife on her trips?"

"We went with her on one or two trips with her before Eva… my daughter was born but only those two."

The warden nodded, not feeling the need to ask why because he knew the reason would be because it wasn't practical for their children, especially very little ones, to be hauled all over the world, neither for their parents or the children themselves. He braced himself, knowing he was arriving at the part that would be seen as personal.

"So you remained home with your children while Mrs. Stark took care of your company's business in various parts of the world?"

A long sigh preceded Tony's single word answer, "Yes."

"Did you have nightmares sometimes while your wife was away?"

Tony frowned, giving him an unhappy look, "Yeah, I did."

"And how did you deal with them, Mr. Stark?"

His question was met with silence.

The warden persisted, "Now I know in the past you said that you would go down to your workshop but with Mrs. Stark absent, but I doubt that is what you always did since it meant your children would be left unattended for the night. So would you please tell me _what_ you did to cope with her not being there while you were having trouble with the nightmares?"

The frown on Tony's face deepened further until it turned into an angry glower, and he turned half away from the other man, "You're right about these questions getting too personal."

"Please, Mr. Stark, answer my question."

Tony considered, really considered not answering the prison official's question but then the answer came tumbling out of his mouth before he could stop himself, "On the nights the nightmares bother me and she's not there I… I sleep with something that smells like her like her pillow… or a shirt or something after she asked me to stop using her pillow while she was gone.."

"Hmm," the warden said, thinking carefully before he said, "I must rule the pillow out immediately but I believe the other…. the article of clothing maybe possible."

Tony's head snapped back in the man's direction, "Really?"

The prison official nods, "Yes, I believe so. If Mrs. Stark is willing to submit something-"

"Oh, she will be! I know she will!"

"Well, I was going to say if she is willing to submit something that will be damaged after we've removed the buttons and or zippers it may have from it, then I believe we can arrange for this to happen."

"Really?" Tony repeated, his tone unbelieving, "Please _don't_ say something like that unless you really mean it."

"I assure you, Mr. Stark, I meant what I said. I will contact Mrs. Stark, and make arrangements with her… if you wish for me to do so that is?"

"Yes, of course I do if this is something you'll let me actually have."

The warden nods, and turned to leave, "I'll started on this right away. Enjoy your time outside." With that, he left Tony alone again with only the guards distantly nearby to keep an eye on him.

* * *

"Hold on a minute, Amelia. My phone is ringing," Pepper said, pausing the video conference call she was in the middle of with her PA. As much as she didn't want to have to do it, the demands of being CEO of Stark Industries required her to spend at least one of the days she wasn't visiting with Tony getting caught up on some of the work.

Her heart went to her toes when she saw whose number was on the Caller ID, and she hastily said, "I'm going to have to call you back, Amelia!" before she hit the end button on the conference call.

With shaking hands, Pepper picked up her phone and answered, "Hello? Warden Berry?"

The man on the other end immediately heard the fear in her voice and said, "Hello, Mrs. Stark. Your husband is fine, ma'am. I'm sorry that my call has obviously startled you."

"Tony's okay then? Nothing's wrong?"

"No, ma'am, everything is fine with Mr. Stark." He heard her give an audible breath of relief over the phone and once again he felt bad that he had scared her so badly. He considered how to broach the subject that he needed to talk with her about, fortunately for him, she did it for him.

There was a little waver in Pepper's voice when she said, "You said that Tony's okay, right? But you've also never called me before like this, Mr. Berry, so there is a reason that you called me, isn't there? What it is that you need to tell or ask me about?"

"First, let me begin what I have to say by reiterating that Mr. Stark is fine, nothing has happened to him, and I once again I apologize that I frightened you by calling you in what must have seemed like to be out of the blue. Now, having said all of that, there is a matter concerning your husband that I need to discuss with you."

"What is it?" Pepper asked anxiously, then listened as the man summarized what was going on in brief. "So what you're saying is that Tony's nightmares have returned?" _And with a vengeance,_ she added slightly to herself. It was with a vengeance too for him to wake up screaming the last two nights.

"Yes."

She could feel the tears forming in her eyes, and so she closed them, "I… I don't understand what I can do to help, Mr. Berry, since what you won't allow me to do the one thing I know has helped Tony in the past."

"Regrettably, I must say what I said to Mr. Stark to you and that is no I cannot. However, I believe that I may have a reasonable compromise, if you would be willing to do what I am about to suggest."

"Which is what?"

"I asked Mr. Stark several questions that were of a personal nature regarding how he dealt with this very issue when you were away from home on business. His answer was that-"

"He slept with one of my shirts… after I asked him to please stop using my pillow for his own. Are you asking me to bring one of my shirts to the prison so that you can give it to Tony to sleep with?"

"Yes, Mrs. Stark, that is precisely what I am asking. Are you-"

"Yes, of course I am, Mr. Berry. Whatever you'll allow, I'm more than willing to do to help Tony!"

A smile was present in the prison official's voice when he said, "Good, I thought so. I am afraid I must set limits in what I will allow to be given to Mr. Stark, and you should understand that what you given to us to pass on to him may be damaged or even ruined depending on what you give us."

"If whatever I give you can help Tony, Mr. Berry, I do not care. He's more important to me."

"Of course."

"How soon should I bring it by?"

"As soon as you are able, Mrs. Stark, so that perhaps Mr. Stark will have peace tonight."

"Alright, I'll be there as soon as I can. I… I know that it's not a visiting day but I don't suppose that you'd let me see him, would you?"

The warden sighed, "I'm sorry but no."

Pepper felt disappointed since her next visit with Tony would be until Monday but she was not the least bit surprised, "Okay, I'll be there as soon as I can be."

"I'll tell the guards to expect you at the gate."

Pepper immediately dialed her PA's number after she ended the call with him, "Amelia, there's something I need to do that is going to take a few hours so we'll have to finish up later today."

"Sure, Mrs. Stark, no problem. Is everything okay?"

While talking to the young woman, Pepper had already gone into her bedroom, and had begun sorting through the clothes she had brought with her, "Everything… is as fine as can be expected right now, Amelia."

"Oh. Well please let me know if there's something I can do for you?"

"Thank you, Amelia, I wrll. I've got to run now."

"Alright, I'll talk to you in a few hours."

"Yes, but don't call me. I'll call you, okay?"

"Okay."

* * *

After his time was over in the exercise yard, the guards had taken Tony to a meeting with his lawyer that only lasted about twenty minutes. Once he was back in his cell, he picked up the legal pad where he had been writing a series of letters to his son and daughter, and once more tries to finish the latest one. The letters to his family has been a project he has attempted to work on for several days but the words he wants to say to them have not been easy to find. But Tony also knows that he must find the words soon because these letters maybe all that Ethan and Eva will left have of their father.

The pain that's caused at thought of not being there to see Ethan and Eva grow up runs so deep that it nearly kills him to think about it. He knows that it's a very real possibility that the Avengers won't find who's responsible for this before he's executed. Leaving a few letters behind for his children and those he loves isn't what Tony wants to do but if in the end it's all he can do to leave a tangible piece of his love behind for them all, then that's what he will have to do.

He's actually made some progress on this letter for Eva when he hears the window the guards use to check on him open. When he looks up hee sees the guard he thinks of as Hulk's twin peering inside. The man doesn't say anything and the window is closed again, so Tony assumes that what just happened was a routine check on him. He returns to his letter writing when the window is opened again, and this time he's sees the face of the warden on the other side. He puts down his pen, and waits for the man to speak, curious about whether or not the man was about to share the results of his efforts.

"I spoke with your wife a short time after our own conversation. I have something for you from her."

Whne he heardhis, Tony was up off his bunk in a flash, moving towards the door. The fact that the warden's face disappeared and replaced by that of Hulk's non green but not less intimidating twin barely registered until he issued an order.

"Hold it right there!"

Tony immediately did as he was told, giving the guard a confused look, "I thought Warden said you guys have something for me."

"We do, Mr. Stark," the prison official's voice answered from out of sight.

"You need to step back over to your bunk, face the wall, and place your hands on top of your head,"

He resisted the urge to sigh or roll his eyes, and stepped back towards his bunk. He placed his hands on his head at instructed, and a second later, heard the lock on the cell door unlock. He looked over his shoulder to see Hulk twin lay something on his desk, and then step back out.

As the lock clicked back into place, the warden returned to the window, and said, "You may move now, Mr. Stark."

Tony dropped his hands, and immediately turned towards the desk to see what was left. There was something pink, and very familiar laying on top of its surface. He couldn't help the surprise he felt as he went over to pick it up, especially when he saw what Pepper had sent to him.

It was one of her nightshirts, and it wasn't just any nightshirt either, but one of her _favorites_! He held it up so the length of it fell towards the floor, staring at it as his hands rubbed against the soft silkiness of its fabric. He had given this to her for Christmas last year, and she had absolutely loved it, hardly ever sleeping in anything else except for when it needed to go in the wash.

Sighing, he gathered it back up in his hands, and brought it up to his face. He closed his eyes, sighing again as he rubbed it against his face, and inhaled the smell of her that was very much embedded in the garment, "Oh, Pepper honey, you shouldn't have."

He did not hear the window close, or notice when he was left alone, not when he was too absorbed in the wonder of the gift that his wife had sent to help him.


	8. Chapter 8

**AN:** This is the last update for a little while! I hope you've enjoyed these 3 celebratory updates for my series' anniversary!

Please do take a moment to comment if you can as comments make me **_SQUEE!_**

* * *

"Thank you for seeing us on such short notice, Mr. President," Steve said as he finished shaking the leader of the free world's hand.

"Oh, it is completely _my_ honor, Captain Rogers, and frankly, this meeting is one I've dreamed about since I was a boy. I just wish it came under better circumstances Please, gentlemen, have a seat," the President gestured towards a set of couches adjoining his desk.

As he joined them, he motioned to the other two men in the room. "Gentlemen, this is the Secretary of the Air Force John Witt and the Attorney General of the United States, Alexander Harris." Once the introductions and accompanying pleasantries were finished, the President said, "Now, I know that you and General Rhodes made the request for a private meeting with me, Captain, but given what I suspect the topic of it will be, I thought it would be prudent to have both the Attorney General and Secretary Witt present."

"I understand, Mr. President."

Silence fell over the room for a beat, and Sadler broke it, "This meeting was requested by you so the floor is all yours, gentlemen."

Steve glanced at Rhodey who nodded an affirmation for him to go take the lead in speaking. Steve looked back at the President, taking a deep breath as well as a moment to figure how he needed to word what he needed to say. "Mr. President, I honestly don't know how to make this request other than just ask it. Sir, we came here to ask you to issue a Presidential pardon to Tony Stark."

The President sighed, "I know that you both consider Mr. Stark to be a friend, and for the loss that you'll both suffer when Mr. Stark's moment of reckoning comes for him, I am sorry. I cannot grant a Presidential pardon to him."

"If you can't give him a pardon, Mr. President, would you please, at least, consider commuting Tony's sentence to life in prison?" Rhodey asked.

"No, General Rhodes, I can't even do that. I am sorry."

"This is a mistake, Mr. President. A terrible, terrible mistake," Steve said quietly.

"The only mistake that has been made in this situation, Captain Rogers, was the one Mr. Stark made when he assaulted that police precinct with deadly force and took the lives of sixteen people in the process!" the Attorney General interjected.

"Tony didn't kill those people, Mr. Attorney General," the billionaire's best friend responded.

"A lawfully seated jury of twelve of Mr. Stark's peers reached quite a different conclusion, General," Harris responded. "I can respect and even admire your loyalty to the man that you consider your friend. But the truth of the matter is, all the evidence points in one direction which is Tony Stark, in a fit of rage over the kidnapping of his daughter, slaughtered thirteen heroic members of the NYPD, the kidnapper, and two federal agents to get to Bowen."

"With all due respect, Mr, Attorney General, but there's only one part of what you just said that is true, and that was the part about Tony being angry. What father in his shoes wouldn't have been angry over the fact that someone tried to take their child away from them? Do you have any children, sir?"

"I have two grown sons, General."

"Then, sir, I'm sure that you can imagine how you would have felt if someone had kidnapped them while they were boys."

The Attorney General sighed, "I recognize your point, General. But I'm afraid all the evidence says Mr. Stark allowed his anger to have control over his action, which in turn resulted in mass murder..".

A heavy silence fell over the room, and remained heavy until finally , Steve broke it by speaking. "Well, I suppose that we've taken up enough of your time, Mr. President." He looked at Rhodey, and they both started to stand when President Sadler held up his hand.

"If you'll please stay a moment longer, Captain Rogers, there is something I need to discuss with General Rhodes."

Steve nodded, and sat back down as Rhodey did the same.

"Yes, Mr. President?"

"General Rhodes, you are hereby ordered to cease any and all attempts to help Tony Stark. You are also ordered to cut all ties of communication with Mr. Stark and with Virginia Stark."

"Mr. President?"

"You heard the President, General. You are to sever all your ties to the Stark family immediately. "

Rhodey's eyes went back and forth between the two men before he finally said, "With all due respect, Mr. President, I'm sorry but I can't… I won't do that."

"So you are choosing to deliberately disobey a lawful order from your Commander-in-Chief, General?" Witt asked.

"Think about your answer to that question very carefully, General Rhodes, " the President interjected. "Because what you say may lead to you being court-martialed."

Rhodey felt Steve's eyes on him as he took a deep breath, then said, "A court martial won't be necessary, Mr. President, Mr. Secretary…"

The two men looked satisfied.

"Because I am resigning my commission in the United States Air Force, effective immediately."

The secretary's mouth opened and closed a few times while President Sadler nodded his head ever so slightly, a look of understanding and perhaps with even a littlerespect in his eyes.

"You're just going to throw away your military career like that? All for the likes of someone like Tony Stark?" Witt managed weakly.

"Mr. Secretary, I have been friends with Tony for almost thirty-three years, and as much as I want to continue with serving my country, I can't., My relationship with Tony and his family means far more to me than keeping my career. Are you aware, Mr. Secretary, that Ethan and Eva Stark are both my godchildren?"

"I believe that I had heard that somewhere, General, yes," the Secretary responded.

"Then. sir, you know why I am willing to resign."

"Are you absolutely certain that you want to do this, General Rhodes?" President Sadler asked

"Yes, sir, I am. Tony Stark is more than just my friend. He is like a brother to me, and I am _not_ going to abandoned him to be railroaded into an early grave by the United States government."

"General, may I remind you that you are speaking to the President of the United States?" Witt asked, his tone outraged. "You will keep your words in line with the conduct becoming an officer of the United States Air Force by keeping your words respectful to the President or I'll see to it that you're brought up on charges!"

"I just resigned, Mr. Secretary. I am a civilian again."

"Until such time you leave this meeting and have changed out of that uniform, you are still a member of the United States Air Force and you _will_ maintain a decorum of respect."

Rhodey looked at the President, "I'm sorry, sir, if my words came across as being disrespectful. That was far from my my intention."

"Apology accepted, General, and no offense was taken," Sadler said. He held up a hand to silence whatever Witt had been about to say next. "I was not offended, Mr. Secretary. I think we both know emotions are running high due to the life and death nature of the situation." He looked at Rhodey, "I also have to have respect for a man who has not only been loyal to his country but remains loyal to his friends, especially when it comes at personal cost."

"Thank you, sir."

"It is most regrettable that I cannot grant your request."

"And there's absolutely nothing we can say that will change your mind, Mr. President?" Steve asked.

"I'm afraid not, Captain Rogers. I am sorry."

"I think you'll be even more sorry, sir, when Tony is later proven to be innocent after his execution has been carried out," Steve said quietly, "Please, Mr. President, I am asking one last time for you to reconsider. If you can't grant a pardon to Tony, then please commute his sentence to life in prison instead."

"I think the President has already given you his answer on this, Captain Rogers," Harris said.

"With all due respect, Mr. Attorney General, I'd rather hear it from the President."

"He is correct, Captain. I have given my final answer on this. I won't help Tony Stark escape justice."

* * *

"So are you headed back to New York?" Rhodey asked as they exited from the White House. Their meeting with the President had ended soon after he had made it clear that he had given them his final word on the subject and would not change his mind.

Steve nodded, "The others are already there."

"May I ask you what Witt wanted when he called you back when we were leaving?"

"Yeah," Rhodey said, "He told me that I've lost access to the War Machine armor."

"What?"

"It's a result and consequence of my resignation from the Air Force."

"I don't understand how they can take it. I thought Tony gave _you_ the armor to you, not the Air Force."

"Well whether or not Tony gave me the armor, the Secretary and Air Force itself consider the War Machine armor to be the property of the United States military." Rhodey sighed, taking the opportunity to rub his eyes while they were stopped at a red light.

"And there's nothing you can do to get it back from the Air Force?"

"Nope, not one thing," Rhodey confirmed. "But if they think it's theirs and want to keep it, fine. It's not going to do them one bit of good but hey that's their problem now."

"What do you mean?"

"I mean, just like Tony's armor is coded to him, mine is coded so that only _I_ can use it."

"Is Stark... uh, Tony really that paranoid about some taking either one of your suits?" Steve asked.

"Well, he wasn't so much paranoid as he was worried someone who wasn't me stealing another suit. I came in possession of War Machine during a time when Tony was… acting kinda erratic-"

"When isn't he not?"

"In this case, though, Tony had a good reason for his behavior. He was slowly dying of the palladium poisoning from the core of the arc reactor he had in his chest at the time."

Steve wondered why Tony just didn't take the device out if it was killing him but that was a question to ask for another time.

"Anyway, the government at the time were starting to get antsy about his Iron Man armor, had a Senate committee hearing where they compelled Tony to testify, which went over like a lead balloon. It almost resulted in him losing the Iron Man armor by order of Senator Stern-"

"As in the Senator Stern who was arrested as a member of HYDRA later after the fall of SHIELD?"

"One and the same. Tony really got under that man's skin at the hearing and to make a long story short regarding how I acquired the suit that eventually became War Machine, well... there were a few incidents that happened following the Senate hearing where I felt like because of his erratic behavior, I felt like Tony wasn't giving me any choice but to take the suit. So I did, and the rest is, as they say, history."

Rhodey shook his head, remembering his fight with Tony at the party.

"So did you take it without his consent or did he actually let you take it?"

"Looking back on it, I honestly don't know which one it was. I think it might have been a combination of the two. In any case, it was shortly after everything had been settled with Hammer and Vanko that Tony had decided to code the suits for our use only. It's not a plan he actually got around to actually implementing until recently because New York happened. Then the Mandarin and-"

"It's been one thing or another with the Avengers since because HYDRA is still around or some super powered freakshow coming out of the woodworks."

"Exactly!" Rhodey sighed, "Truth be told, I wish something could have kept him from finally finish with coding the suits."

 _"If your Iron Man armor is coded for the use of_ one person _and you say that is_ you _Mr. Stark, then can you please explain to us_ how _your statement that someone else must have been in control of the suits on the morning of April the Fourteenth, could be possible?"_

Tony's lawyer had objected since the prosecutor's question called for speculation. Although the judge had sustained the objection the damage had been done. Unfortunately, he believed, that it was one of the most damaging points of Tony's testimony which had helped to assure his friend had been condemned to death.

It was as close to an admission of guilt Tony had given them… or at least that's how the jury had seen things.

He had to admit to himself it made Tony look guilty as sin.

In the end, Rhodey also knew it that was also one of the prime reasons two exact reasons why President Sadler had refused to commute Tony's sentence.


	9. Chapter 9

**AN:** Surprise! I decided to post another chapter! This will definitely be it for two weeks as I am continuing to edit the story!

* * *

"Thor, if we can somehow get Tony freed from prison, would you be willing to take him to Asgard?" Steve asked one evening after their latest lead had turned out to be a dead end. All the others had all gone to bed hours ago.

There was a depth of sadness in the Asgardian's eyes that Steve couldn't recall ever seeing before as he gave an answer to the question. "I would, my friend, and indeed I had made such a plan in my mind ere I had these two thoughts. First, would not such an act make you or anyone who helped to free Anthony to be sought after by your government?"

Steve sighed, nodding his head, "Yes, it would. But we're getting very close to the execution date and we're no closer to knowing who framed Tony for this than we were on Day One. Tony has done many things that drive us all crazy, and he may have done some terrible things in the past, but he doesn't deserve to die for a crime that he didn't commit."

"We are in complete agreement regarding the fact that Anthony should not be put to death for a crime that he is innocent of, and if my Jane were here, I believe she would say that that you are preaching to the choir."

Steve smiled at the mention of Jane, and Thor's use of an Earth saying before growing serious again, "What's the other reason why you can't do this."

"My Father. Alas he has often been displeased that I am so heavily involved with what he believes should clearly be an affair of Midgardian themselves only."

Steve could only imagine what Thor's Father had thought of him marrying Jane Foster, and the fact that his grandchildren, Thor's heirs, were half _Midgardian_ as a result. But whatever Odin thought about that subject was none of his business, and so he waited for Thor to continue with his point.

"Despite the fact that we all believe in the Man of Iron's innocence, my Father will only see is that he has been convicted by a court of your laws, and sentenced to death by your government. If I were to take Anthony to Asgard, my Father would simply order the guards to return him MIdgard the very moment we have set foot upon my world."

Steve thought for a moment then asked, "You said that there are Nine Realms? Earth and Asgard are just two of them, right? "

"Aye."

"Well, what if you don't take Tony to Asgard but to one of the seven other worlds instead? There's gotta be someone out there who would be willing to help save the life of an innocent man by helping him to hide!"

Thor sighed, and shook his head, "Alas I am sorry, my friend, but even if we were to take Anthony to one of the friendly worlds of the Nine, it would not help him."

"Why not?"

"Heimdall."

Uncertain about whether it was a who or what Thor had referred to, Steve went with the safer statement of, "I don't think I understand."

"Heimdall is the Gatekeeper of the Bifrost, the road that connects our world to every other world of the Nine Realms. He has been given the gift of seeing and hearing any being within the Nine Realms that he wishes to see, whenever he wishes to see or hear them."

"I don't suppose that he'd be willing to turn a blind eye to us hiding Tony off world if you asked him to?"

"No, he would not. Heimdall is a warrior of Asgard, and as such he has sworn to obey the King of Asgard."

"Who, of course, is your father."

"Aye."

The Captain of the Avengers began to lose the hope this idea had given him, "And there is no way to hide someone from his ability to see them?"

Thor shook his head, "None that I am aware of."

"You know of no one who could help to hide Tony from his ability to see him?"

"None, save perhaps Loki."

"And he's locked up in the dungeons on Asgard, right?"

"Yes, and we would need my Father's permission to see him."

'Which I don't imagine he is very likely to give us."

Thor shook his head, "He will not even allow my Mother to visit Loki."

Steve sighed, "I suppose it's just as well since even if we could ask him how he pulls off the trick of hiding himself from your Gatekeeper, Loki is the last person we can trust to help us."

The regretful look on Thor's face was all the confirmation that he needed to know what he had said was true.

"So, the only option we are left with is to find the person or persons responsible for the murders or Tony will be executed."

"Do not lose heart, Steven. We shall find those who are guilty of this crime," Thor declared with far too much hopeful optimism.

"I hope… no, I _pray_ that you're right, Thor because it looks like it is the only way we're going to save Tony's life."

* * *

Tony walked through the gate of the exercise area, and paused to wait for the guards to lock the door behind him. He then backed up to the slot on the door one of the guards had opened to let them remove the handcuffs from around his wrists. Once the handcuffs were off, and after he had rubbed his wrists a few seconds, he walked over to the corner where an old basketball was placed in one of the far corners of the fence.

As he walked the few steps over to the ball, he hoped that this wasn't the same basketball that'd been there last time when he had felt like doing something besides sitting and watching the other inmates off in the distance.

Since there wasn't a hoop to shoot the basketball through, but dribbling it around was still better than having nothing to do. Or at least that's what he thought until then last time when he had picked up the ball, only to discover that it was just flat enough to prevent him from getting a good dribble going. That, as they say, had been that since the very second he threw ball up against the fence guards had made it vocally clear that bouncing the basketball off the wall or fence was against the rules.

He picked up the basketball, and maybe it was his imagination but it looked different this time. He let it drop from his hands, hoping that he wasn't wrong. The ball bounced almost up to his waist. Smiling he caught it, and looked over where the guards were watching him, and gave them a nod of thanks.

Tony had been dribbling the ball around the exercise area for around ten minutes when someone appeared in his peripheral vision. He didn't stop dribbling the ball but instead said, "Hello, Warden."

"Mr. Stark," the prison official replied, letting a few moments pass before he said, "I know I am interrupting your recreational time once again, and for that I do apologize, but there are some matters I need to discuss with you."

"Are you asking me to stop playing with the ball?"

"Yes, it would be most helpful if you would stop for a few minutes so that I can say what I need to say to you." When his words didn't make Tony stop dribbling and instead caused the guards to move, he raised his hand to halt them. "Mr. Stark, I think it is in your best interests that we have this conversation now rather than later because if we talk later, you _will be_ in restraints."

The word _restraints_ got Tony's attention as did the tone of voice the warden was using when he said what he said. In the few interactions they've had when each other so far, Tony knew the warden had been more than patient with him, but there were only so many things he'd allow to pass by without there being consequences. Sighing he let the basketball roll away, and turned around to look at the other man.

"Thank you," the warden said, then gestured at the bench, "Please sit down." He waited for Tony to do as he asked then took a seat on the bench outside the cage.

Crossing his arms over his chest, Tony waited to hear what the prison official wanted to say to him, and thankfully the man didn't make him wait long.

After watching the man he is responsible for, the warden decided he needed to get this unpleasant business over with, and began to speak, "As of today, we are exactly twenty-two days away from your scheduled execution."

Tony swallowed hard, "Can you please _not_ remind me just how short of a time I have left to live?"

"I am sorry. I know the subject causes you distress, Mr. Stark-"

The billionaire laughed sardonically, and said in a voice just as harsh, "You think?"

The other man showed just how long he'd been doing his job by continuing on like Tony had never interrupted him, "... but there are things I need to know before the time comes, things that you will need to decide beforehand so things can be made as easy as possible on everyone who will be impacted by this event."

" _Event_? Wow, that's really such a nice way of putting killing someone!"

Although he had had far worse reactions and words spoken to him, the warden halted for a moment before standing up. "Perhaps we should continue this at a later time when you're in a mindset that is more prepared?" He had started to walk off when he heard Tony speak.

"Wait! Don't go!"

The warden looked over his shoulder to see the billionaire on his feet, and taking a step closer to where he was. Before he could say anything one of the guards snapped.

"Sit back down now please!"

From the look of surprise on his face, it was obvious that Tony hadn't realized he had risen to his feet much less realized that he was moving. He blinked a few times, and then returned to the bench, muttering, "Sorry."

"Are you going to let me discuss what I need to discuss with you, Mr. Stark, or should we postpone this until tomorrow?"

"I'd rather postpone forever whatever it is you want to talk about because I _know_ what it's about. But it's not going away and you're not going to either, are you?"

"I'm afraid not. However, if you prefer not to talk to me but to the deputy warden, I will send him to speak to you."

Tony fidgeted a bit, running one of his fingers over his thumb before shaking his head, "No, I... like you more if it's possible to like someone in a situation like this. Your deputy has no sense of humor, like at all. And oops, I probably should not have said that out loud!"

The prison official smiled, and moved to sit back down on the bench, "No, it's fine. You are under a tremendous amount of pressure... and I've heard worse said about myself and Mr. Maxson."

Tony sighed, running a hand over his face before he looked up at the warden, "Okay, I still don't want to talk about whatever it is because I know it's somehow will relate to my impending... execution. But putting this off isn't going to make things any easier for me to hear, talk about, or deal with so we might as well get this over with right now. What exactly do you want to speak to me about?"

The other man had opened his mouth, and was about to speak when he was interrupted again.

"Wait! This isn't going to be about what's going to happen to me on the day of… well you know is it?"

The warden shook his head, "No, Mr. Stark, that is another conversation for another day when we are closer to the appointed date." He watched as the condemned man breathed out visibly in relief. Then a thought occurred to him, "That is a conversation for another time, unless of course, you'd rather we take care of it now."

Tony vehemently shook his head, "No! No, I'm not ready for that conversation! I'm pretty sure I won't be ready for it when I can't get out of it. So no, I do not want to have _that_ conversation right now!" At some point while speaking he had begun to bounce his legs a little in an effort to relieve the anxiety this conversation was causing him and when the movement didn't help he asked, "Is it alright if I get up and walk around? I don't think I can take sitting still right now."

After he gave the guards a glance, the warden nodded, "Yes, it's alright if you walk around, Mr. Stark, as long as you can hear me and keep your movements on the far side of the bench."

"Not a problem!"

He watched as his prisoner bolted up off the bench and began to pace almost directly behind it. He waited to speak until Tony had paced to one end of the cage, and had turned around to go to the other.

He cleared his throat as a signal, and then he began, "There are three things I need to discuss with you. With two of the three, I will need you to confirm your decisions for me in written form sent to my office no later than on September 26th-"

Tony swallowed hard, "Exactly ten days from my…"

"Yes," the warden confirmed watching him.

"Well, what are the three things you need to know?"

"Let's get the two I will need confirmed in writing out of the way, shall we?" He watched for and received a nod from Tony, "Both items have to do with your wishes regarding the disposition of your property and of your remains once the your sentence has been carried out."

Halting in mid-pace, Tony looked over at him, "Really? That's what you need to ask me about? Because I thought that it was a given that I'd want everything to be given over to Pepper."

"Even so, Mr. Stark, I will need for you to put your wishes in writing and passed along to my office so that they can be entered into the official record."

"By the 26th you said?"

"Yes, by the 26th."

"What if I don't put what I want down in writing?"

"Then, Mr. Stark, you run the risk of making things even more difficult for your wife when it comes to claiming your body afterwards."

"So you're saying you're not going to release my body to her if I don't say that's what I want in writing beforehand?"

"No, that is not what I am saying. What I am saying is that it is easier on everyone concerned, including the relatives of a condemned inmate, if we know beforehand what your wishes are for the disposition of your body after death."

Tony started walking again without saying anything.

The warden couldn't help the sigh that escaped his lips, "Please, Mr. Stark, I know you probably want to make things as difficult on me and my staff as you possibly can so we will be the ones who must carry out the sentence, but I ask you not to do the same to your wife. And I know you don't really want to make it any more difficult for her. I've had precious few interactions with her but even I can see that she's barely dealing with your situation as it is. Please do not add to her burden."

Silence reigned over the area for about a minute as Tony kept pacing around the pen. He could feel the eyes of guards as well as that of the warden following his movements.

"Mr. Stark-"

"I will do what you're asking me to do. Not for you or anyone else who's involved with helping the United States government to kill me for a crime I didn't commit, but for her."

"I understand, and thank you."

"I'd say you're welcome but like I said I will only do what you asked of me _for her_ and for _her_ only!" Tony stopped his pacing suddenly, and looked over at the other man, "I will do anything I can to make this easier on her."

A beat of silence passed where neither one of them spoke, and then he asked, "After I've written what I want down, how do I get it to you? Can I just give it to one of the guards or will I need to have my lawyer pass it along to you?"

"As this will be a part of the official record, you will need to get it to my office through your lawyer."

"Okay, I'll do that the next time he comes to see me. Is there anything else you needed? You said three things, right?"

The prison official nodded, "Yes, there is one other thing that you may consider to be... a bit more personal than the other two matters."

"More personal than what I want done with my body after I'm dead?"

"Yes, I'm afraid so."

"Huh, this I gotta hear because I'm not sure you can be any more personal than asking what someone wants done with their cold, dead corpse!"

Biting back a comment about how Tony's sense of humor seem to have returned, the warden began the final topic he needed to cover.

"I reviewed your records today in preparation for what I needed to speak about with you today, and I noted that you not registered a religious or denominational preference. I also see that have you sought out the services of the chaplain we have on staff here."

"You were right. This is kinda personal. Very personal in fact."

"I'm sorry, I am not trying to offend you, Mr. Stark. But I wanted to check to see if this is an oversight on the part of our records."

"You thought it could be an oversight, even when I haven't asked for or seen the chaplain since I got here?"

"Well there was always a _small_ chance that it was an oversight, and if was I wanted to make certain it was corrected so you were not without a spiritual adviser any longer than necessary."

"Well, thank you, I think, but there's nothing to change. Not unless you want to put me down as being an agnostic or whatever it is you call it when you're not sure what to believe about God. And, I'm sorry but not even in the situation I'm trapped in can change that for me."

"And I respect your views, Mr. Stark. If you do not wish for me to change our records in this regard, I will not."

"Thank you."

"Of course, you're welcome."

"Now that's taken care of, is there something else or can I go back to what I was doing?" He was already headed to retrieve the basketball.

"There is just one more thing, and I promise this will only take a moment."

Tony picked up the ball, and set it against his hip with a sigh, "What now?"

"I know I have said that I respect your beliefs-"

"But?"

"But the fact of the matter is, our chaplain will likely request that I bring him to see you on the day. I need to know if he does ask to see you, will you be offended? If you are, I will keep him away from you."

"I don't need him, but I guess he'll want to see me because his heart's in the right place so no, I won't be offended," Tony replied, shrugging. "But you be sure that you explain this to him, that I don't need or want his God. And I want him to understand visiting me won't change that."

"I will be certain to tell him what you have said, and I have known him long enough to know that he will not try to push you into changing your beliefs into matching his own. He will want to talk you, and offer what help he can to you."

"Thank you."

The warden rose to his feet and said, "Well, I will leave you alone now."

Tony nodded, and began to dribble the basketball again. He had turned his back to the three men outside the fence when he heard the warden speak again.

"Since I interrupted so much of your time outside, I have told the guards to give you ten extra minutes in the yard."

"Thank you."

With one final nod, the man turned and walked away.


	10. Chapter 10

**AN:** Surprise! Here's a chapter for you guys since I've edited up through Chapter 24!

* * *

The two men kept their silence waiting until after the guards had uncuffed Tony and left.

"Hello, Tony," Steve said, trying to sound as casually as he could under the circumstances, "How are you holding up?"

"I'm going to be a dead man in three weeks. _How_ do you think I'm holding up?" Tony retorted in an angry tone. He quickly realized how he sounded, and added in a milder tone, "Look Cap… Steve, I'm sorry."

"You don't have to apologize."

"Yeah, I do."

"No, it was a dumb question to ask, and I know you're under a lot of pressure. I can't even begin to imagine just how much."

"Being under pressure is not a good enough excuse or a reason for me being a jerk to you."

Steve nodded, and deciding maybe it was best that they move forward with the conversation, "So what did you want to see me about, Tony?" He watched as Tony fidgeted in his seat as though he were trying to figure out how to begin to say whatever it was that caused him to request that Steve visit him.

"You know whatever it is… whatever you need, you can just go ahead and say it. It's okay."

"Uh right, see that's the problem. What I need to say _isn't_ exactly what you're thinking because I didn't call you here to make peace between us,. I mean I think I'd like to at some point in the future after this is all over and if I haven't been executed before then. I mean we could hash everything between us out now but it'd take a whole lot more time than they're gonna let us have. Plus not to mention about how cheesy and cliched it'd be to actually do that right now!"

Steve nodded, rubbing the back of his neck, "Right, I guess it would feel kinda forced right now so yeah we'll save that conversation for when once this is all over you're back home where you belong."

"Yeah, when I'm back home," Tony agreed lamely.

He ran a hand over this face, and shaking his head said, "You know I survived a terrorist group attack on the convoy I was riding along in Afghanistan, getting shrapnel in the chest... from a bomb made by _my_ own company to being kidnapped by the same terrorist group that attacked the convoy. After that I survived the major surgery they had performed on me in an unsanitary cave to implant an electromagnet so the shrapnel embedded in my chest didn't kill me before I could build them the missile they wanted. That was followed by them torturing me and making death threats when I refused to do what they wanted.

Then, if that wasn't enough, after I escaped the man who was my father's best friend and someone I'd known for most of my life since he was my godfather tried to kill me… three times. The first time it was by hiring the same terrorists who held me captive. Then when that failed he somehow got a hold of the armor I left behind in the desert, made some twisted updates to it, and then he almost killed me with it!"

Of course all of this had been in the file SHIELD had given Steve on Tony back when the Avengers first came together. But hearing Tony talk about this in his own words was something quite different.

"...poisoning. Got that solved only to have to carry an actual, real life nuke through a wormhole in the sky to another dimension..."

Steve inwardly cringed at the mention of the missile. Tony hadn't hesitated to answer Fury's call, and he had almost died because of it. But mostly he cringed because he remembered what he had said to Tony just hours before they were fighting Loki's army.

 _You know, you may not be a threat, but you better stop pretending to be a hero._ He may have thought that of Tony then but he didn't now. But did Tony know he no longer thought the same way about him as he did then?

"... and then there was the so called Mandarin who in fact turned out to be some guy who wanted to get back at me for shutting him out while I was drunk."

The Mandarin... or rather Aldrich Killian. The scientist turned terrorist was yet another point from the past that Steve found himself experiencing regret over and not just a little bit either. The Avengers should have responded when they saw Tony was in trouble, specifically when it became clear he was in way over his head. But they hadn't, and it was a wonder that either Tony or Pepper came out of it as well as they had, particularly when Killian had used the opportunity to inject Tony with Extremis.

While it was true the Extremis in the end had been a good thing for Tony as it had given him the means to be safely be able to rid himself of the arc reactor in his chest, it had still been scary for all involved before the volatile virus was neutralized by Tony and a couple of SHIELD's scientists was neutralized. The entire incident still bothered Steve to this day because they... because they had failed to be there when their teammate... their _friend_ had needed them to be.

"... after countless fights, battles, and skirmishes, I survived all of that, now only to be killed by the lethal injection that's got someone else's name written on. As someone who knows how to appreciate irony, I say this whole situation is something you can't help but appreciate. I know I do!"

Given the level of sarcasm in his tone, Steve knew that what Tony was feeling was anything but appreciation for what was going to happen to him in a three short weeks from now. Tony was still talking so he made himself push down those thoughts and listen to what was being said.

"Listen if… if I don't make it home… there's something I need to ask from you. It's not something I ever wanted to have to ask you… or imagined I would ever have to ask you because what I have to ask you is something you'd only ask a friend, and I know from almost the very second we met I've been anything but a friend to you."

"Nevermind that now, Tony. Just ask me whatever it is." He had a good idea what it was going to be.

Tony breathed in a couple of times, then said, "Promise me that if this is winds up being my swan song, and I die... _please_ promise me that you, and the rest of the team won't stop looking until you find the one who framed me, and you've put them away."

"You're not going to executed, Tony. We are _not_ going to let that happen to you."

"Please don't make promises you find that might not be able to keep, Steve. I mean let's face it, the cards are pretty stacked against me walking out of this place alive. Plus I know that sometimes there's only so much you can do and no matter how hard you try what you don't want to happen, is what ends up happening. Being executed… dying is definitely what I don't want to happen but if it does, I still want to say _thank you_. And I want to say, don't you dare **ever** stop until you catch the guy who framed me.."

"I will, Tony. I promise you that the Avengers won't stop until we find the people responsible for this and they are made to face justice."

"Is there something else you need to ask me to do for you?" Steve asked after a few seconds of silence, "Because if not, Pepper's here, waiting to see you, and-"

"Pepper's here? Today?"

"Yeah, she is."

"But I asked her not to come today."

"You did, Tony, but I asked her, or rather I convinced her to come with me instead of staying away. I kinda figured that our conversation wasn't going to take up the full two hours, and I… uh I hope that was okay."

"Of course," Tony replied immediately, "I was just... I... Thanks Cap." He was surprised, though perhaps he shouldn't have been.

Steve sighed, nodding, "I just wish there was something more I could do."

"No, you and the team trying to clear me… it's more than I had any right to ask for."

"Thing is, Tony, our help isn't something you have to ask for. You're part of the Avengers, and which means we've got your back just like you'd have any one of our backs if we were the one who was in trouble."

"I still wish you... the team didn't have to be involved in this but I guess the situation is what it is, and I really wish that I didn't have to ask you what I'm going to ask to do you next."

"What is it?"

"First, will you give me your word that you will do everything you can to help Rhodey watch over my family if the worst outcome of my situation happens? And I don't mean just up until you find out who framed me for the murders but forever."

He watched Steve closely as he spoke, and he was certain he saw tears in the other man's eyes before Steve's head dropped. He sighed, before adding, "Because whoever did this isn't the only enemy out there that I've made over the years who'd see hurting them as next best thing to hurting me."

Steve nodded, clearing his throat, "Yes, your have my word, Tony. I'll do whatever I can to help keep your family safe."

"Thank you."

"You're welcome. I know I've just promised to protect your family in case your... your execution goes through, but you should know I am not giving up with trying to save your life."

"I know you're not but if I am executed, the only way I can die without any resemblance of peace is knowing my family will be safe. Which brings me to my final request."

Steve shuddered inwardly at his choice of words,"Which is?"

"I want you to promise to that you will keep Rhodey out of this completely when you go after the guy. Do not let him go with the team before or after I'm dead, especially not after I'm dead."

"Tony, I'm not sure I can keep him out of it if he wants to help us. I mean why wouldn't you want him to-"

"I want him out of it because I know if the situation were reversed, and someone had gotten him hurt or killed for something that he didn't do, I _know_ exactly what I'd want to do in his place."

"Are you sure he'd-"

"Think about it, Cap, and let's say instead of Rhodey and me in this situation, it's you and Barnes. Can you honestly tell me that if someone did this same thing to him, and you had to stand by while he was executed for it, would you be able to keep yourself from crossing the line?"

Almost a minute of silence passed before Steve finally muttered, "No… no I can't say for sure I wouldn't cross the line. I promise I'll keep Rhodes out of whatever we do next."

"Thank you."

Shaking his head, Steve stood up, "Well, I'm going to leave so Pepper can come in now."

"Okay. Goodbye, Steve."

The other man sighed, "I'm not saying that back because I _believe_ we are going to see each other again."

Tony nodded, not wanting their last visit together to end with yet another argument

With one final nod, Steve Rogers turned around and exited the area without looking back.


	11. Chapter 11

**AN:** Thanks everyone for the reviews/comments!

 **Ie78 (Guest):** You'll have to wait a little bit while longer to find out who might be behind the framing of Tony (I assume you were the one asking and if not oops) - and he is being framed! Oh the irony there will be when I post that chapter because of something in one of the recent MCU movies!

As for whether or not Tony lives or dies... don't mean to be a tease but you'll have to keep reading! The story's **37 chapters in length** so we have a little ways to go yet!

Keep reading and I'll update again when I am able to and thanks for reading!

* * *

"So," Tony began as his best friend sat down across from him, "Here we are, at the end of the line."

"Can you please _not_ start out our conversation that way?" Rhodey immediately countered.

"Why not? I mean come on, platypus, you had to know it was coming when I asked you to come see me alone without Pepper."

"Yeah, about that. Tony, I really wish that you hadn't asked me to come alone and take up the time that should be hers. She's your wife, and I'm just-"

"My brother."

What Tony had said stunned Rhodey into silence and before he recovered, the billionaire continued, "You really _are_ , you know? I mean how else would you have stuck… stayed with me through all the years when I was nothing more than an arrogant, selfish pain in the… feel free to jump in here at any time and stop my spewing out the sentimental and might I add, completely embarrassing drivel!"

Rhodey blinked back tears of touched surprise. e had so rarely heard his friend express feelings that came from his heart. But as touched as he was he also realized that Tony had offered him a way out of what could be something very difficult for them to address so early on in what they both knew to be their last conversation.

He a take breath he kept his tone as light, and made it as sarcastic as he could manage, Rhodey snarked, "Hey why stop the truth from being spoken?"

Tony gave him a mock offended look, "Well thanks a lot, buddy!"

"Don't mention it, pal!"

A lull of quiet fell over them, and it went on for so long that former military man finally asked, "So what did you want to talk to me about?"

Sighing, Tony replied, "There's no easy way to say or ask you this. My time has almost run out… and Pepper… I am worried how she'll handle… or won't handle everything after I'm dead…"

Swallowing down the lump in his throat, Rhodey responded, "Pepper is strong, Tony. She might be hurting like there's no tomorrow for a very long time to come, but she will make it through somehow."

"Will she? I mean I can see how badly she's hurting _now_ and I'm not even dead yet."

"She'll make it, Tony. If for no other reason than them, she will for Ethan and Eva."

Tony nodded, suddenly blinking away tears at the mention of their names, "Yeah, she will… for them if nothing else." A moment of silence passed, and then he said, "There is something else I need to ask you to do for me, and more importantly for Pepper."

"What?"

"I want… no I need you to agree to take over Stark Industries after I'm dead."

"Take over?"

"Yeah, take over but not for long."

"Does Pepper know you're asking me to do this?"

"No, but my lawyer does."

"Tony-"

"Please, don't say no yet." He huffed out a breath, and ran a hand over the back of his neck, "I guess one of the things that worries me is what she'll do after the shock of what's happened to me wears off, she'll get angry. And I know she _will_ get angry because if things were in reverse and it was her that had… well I'd set out to get back at anyone I thought was responsible."

Alarm crossed Rhodey's face as he realized what his friend was saying, "Tony, you don't seriously think that Pepper would do anything _violent_ do you?"

"No, of course not!"

"Then what _exactly_ are you saying?"

"What I'm saying… is I think Pepper might let her anger cloud her judgment against the government. She wouldn't do anything violent against them but you know that the company currently has several contracts with the government."

"And you're worried she'll break all of them in retaliation for…" Rhodey couldn't bring himself to finish the sentence.

Tony nodded, "Yeah, I am. I mean it is the government who is going to kill me, right? Breaking the contracts is the only way I think she'd try to get back at them since she wouldn't do anything violent or more criminal."

"I know that I probably shouldn't be saying this but maybe she wouldn't be wrong to break the contracts, Tony, especially if the worst happens and breaking the contracts will help her find some sort of satisfaction."

"It would be satisfaction with a heavy price. The government would sue Stark Industries, and we have enough contracts with them that they could run the company into the ground. If that happens, at the very least Pepper would be removed as CEO, and she would probably get sued by the board of directors for every cent we have."

Rhodey was silent, staring at him for some time before saying, "You do know that I don't really know how to run a company let alone one as as big as yours, right?"

"No experience, huh?"

"No, none."

"Let me ask you this then: How long have you been in the military?"

"Since I graduated from MIT."

"Which was like what? Thirty some odd years ago?"

"Is there some point to this, other than to remind me just how old I am?"

Although he was serious when he replied, there was also a playful glint in Tony's eyes as he said, "Yeah believe it or not I do have a point to all this…. although reminding you just how old you are is a bonus-"

"Tony," Rhodey said in a mock growl, shaking his head at his friend.

The smile went on for another few seconds before Tony grew serious again, "My point is you've been in the military for thirty years and in those thirty years it's a safe bet you've had to be in charge over others."

"I'm not sure being in command over trained soldiers is the same thing as heading up a company."

"Maybe not but it does mean you have leadership experience. Right?"

"Yes, it does… technically I do."

"So tell me again what has you thinking that you wouldn't be able to do the job?"

Rhodey sighed, "Okay, let's just say my leadership experience in the Air Force is enough to help me with that part of the job."

"Yes, let's."

"Okay, there's the business part of it, something I didn't study in school or have been trained for."

"Oh you know that the so called business part is mainly just numbers, right?" At Rhodey's skeptical look he added, "Okay there's office politics and having to deal with people but seriously it's mostly number and I know that you're good with numbers."

"Just numbers, hmm?'

"Yep, with a _minute_ mix of office politics."

"Okay, then what about contracts?"

"What about them?"

"I want to know if I'd be responsible for negotiating them?"

The billionaire vehemently shook his head, "No, there are no new contracts being taken on right now and none would be taken on while Pepper is on leave. At most, you would have to make sure that our current contracts are fulfilled by the date that has already been agreed upon."

"I… uh…"

"Please, James."

Rhodey's startled eyes met those of his friend. He could literally count the number of times on his hands that Tony had used his first name in a non-teasing or sarcastic way. The use had been few, far in between and had always been reserved for something as solemn as the situation they were trapped in now.

"Please," Tony said quietly, his eyes unusually bright, "You _know_ I wouldn't ask this if my back wasn't up against the wall and if I actually had a choice. I… I won't be able to go to my death with something resembling of peace if I don't know Pepper… and my kids will be taken care of."

Closing his eyes, Rhodey nodded, "Okay, I'll do it."

"Thank you."

"Yeah, don't mention it."

A moment of silence passed between the two men as they gathered themselves together again, and once he was able to push aside his grief enough to smile, Rhodey opened his eyes. He looked at Tony, and said as sarcastically as he possibly could, "Yeah, I might as well do it since I am between jobs right now."

Whatever retort Tony had been about to make died on his lips when one of the guards called out, "One hour!"


	12. Chapter 12

_"James, did you remember to pack your sweaters?" Mary Rhodes asked as they walked down the street towards the building that was about to be her son's new home for the next year or so. "Because I'm sure it gets really cold here in the winter just like it does in Blue Bell!"_

 _Eighteen (almost nineteen) year old James smiled a sweet, patient smile at his Mama. She had only been asking him questions like this ever since they'd walked out of the front door of their house! He nodded at her, and answered, "Yes, Mama, I remembered to pack my sweaters."_

 _"Are you absolutely sure, honey?" she persisted._

 _James shoots his Dad an exasperated look, which draws a chuckle from Clarence Rhodes. He doesn't fail to notice his son's look of gratitude when he speaks up to tell his wife "Mary, leave the poor boy alone! If our son says he packed those blessed sweaters, then they're packed!"_

 _"I just don't want him to catch his death of cold just because he's not dressed warmly enough, Clarence!"_

 _"I know that, Mary! For goodness sakes, woman…"_

 _James has been with his parents long enough to know when his parents are just bickering instead of having a serious argument. They're doing the former rather than the latter but even so their discussion is distracting his mother, and he sees that his little sister has taken advantage of the situation to free her hand from their mother's. Fortunately though, Alyssa has taken an interest in watching the ants crawling on the sidewalk so she's not ventured too far away._

 _Shaking his head at his parents, James puts his bag down, and walks over to her. Kneeling beside her, he puts arm around her shoulders and asks, "Whatcha doing, scooter bug?" The little girl points at the pile of ants covering a piece of gum, and begins babbling ninety miles an hour about what she's seeing. James treasures having a sweet baby sister , and he listens to her intently as she continues to talk about the tiny insects._

 _With all members of the Rhodes family are so intent in what they're doing that they don't notice the very fancy car driving down the street until the driver of the car blows the horn at some reckless youths who had started to cross the street directly in his path. Clarence halted mid-sentence what he had been saying to his wife to watch the car go by at the same time Mary realized that her daughter's hand was no longer being held in hers. But her worried panic is a brief one because she sees that James had picked up his little sister and is keeping her quite safe in his arms._

 _Gazing at the car, Clarence whistled, and said in an awestruck voice, "Look at that beauty, will you?" He stared at it for a second as the car pulled up to in front of the building a little further down the street. He looked around for his son, then walked over to him, "James, did you see that?"_

 _James nodded, "Yeah, Dad, I saw."_

 _"That's got to be a Rolls!"_

 _Mary joined the conversation, "Which means the passenger in that car that has got to be…"_

 _"Tony Stark," Her son logically concluded._

 _They received confirmation a short time later when the driver, a distinguished older gentleman, walked around the car to open the door for its occupant. A second later the slight form of a boy who looked like he hadn't long entered into his teens emerged from the car, and immediately turned his back to them to face the student residence._

* * *

"You were such a skinny stick in those days!" Rhodey shook his head as he recalls the first time he ever saw the _boy_ who would become the closest friend he's ever had in his life.

Tony shook his head too, but for a different reason than the man on the other side of the glass, "No, I was not! I was just really _slender_ then!"

His friend chuckled, "You were a skinny runt then and you know it! You should have heard my mama's reaction when she saw you get out of your car!"

* * *

 _"Oh my…" exclaimed Mary the moment she laid eyes on the Stark heir, "Someone feed that boy a few of my home cooked Sunday dinners right now!"_

 _"Mama!"_

 _"Mary!"_

 _She looked at her husband and son, "Don't_ Mama _or_ Mary _me! You both know I'm right! That boy needs some good food put into him and now!"_

 _"Mama, will you please lower your voice before he hears you?"_

 _"James Rupert Rhodes, don't you talk to your mother like that!"_

 _James walked down the street a few feet instead of replying to his mother._

 _"James! James, you come back here!" She started to follow him._

 _"Mary, stop it!" Clarence said, grabbing her arm. "You are embarrassing our son for goodness sakes!"_

 _It was only with her husband pointing out the fact did Mary Rhodes notice that several of the arriving students, people their son would be seeing almost daily, were looking in their direction. It was her turn to look embarrassed as she watched her son continue down the street to still carrying his little sister in his arms. She looked at the boy in the distance before looking at Clarence again, Mary commented in a much quieter voice, "That boy still needs to be fattened up! Lord, didn't they ever feed him when he was at home?_

* * *

It was the first time he had ever heard a full recount of everything that Mary Rhodes had said, and when he did Tony couldn't help but laugh. "She really said all of that when she saw me?"

He'd been so embarrassed at the time it was happening, Rhodey was laughing now looking back on the memory. But he was also laughing because it was good to see Tony have a real, honest to goodness laugh. He was laughing so hard that there were almost tears in Tony's eyes. Even if the laugh was brought on by something that was mostly at his expense at heart, it was so good to hear it again because they certainly hadn't had much to laugh about in the present.

Once he was to breathe again, Rhodey nodded and said, "Yeah, yeah, she did say that! Remember, what I said? You were such a skinny runt in those days!" The two friends laughed again, and when they began to settle down, Rhodey asked, "You really didn't hear her? At all?"

Tony shook his head, and wiping his eyes, "No, I didn't." He chuckled some more, "Although I think that maybe Jarvis did."

"Come to think of it, you might be right about that. It would explain the look on his face when I actually approached you."

Tony nodded, "Yeah, even when he got _really_ old, I swear Jarvis never missed anything anyone ever said!"

So many people start to lose their hearing when they get to be the age that Edwin Jarvis had been the day Rhodey had met the butler, but not him. It's true he hadn't known the man all those years but he believed Tony when he said that the man's hearing had grown more keen with age instead of declining.

* * *

 _"So, J, what do you think of it?"_

 _The old butler surveyed the building before him for a long moment before he answered, "I think that the architect must have had a very, shall we say, unique vision when he designed this abode."_

 _"You don't like it," Tony said, blandly._

 _"Whether or not I like it, Master Tony, is of little relevance or importance," Jarvis replied, "It is whether or not_ you _like the place that shall be your home away from home is all that matters."_

 _"Well, I happen to_ **like** _it!" Tony replied, adding with a wicked grin, "Did I mention that they have an annual tradition of dropping a piano off the roof?" He watched the butler as he asked this._

 _"Oh my, I believe that it would be rather wise, Master Tony, if you continue to neglect sharing that fact with your mother as I believe Mrs. Stark would be offended by such wanton destruction of the instrument she loves."_

 _It was obvious that the teen had imagined just the reaction his mother would have if he told her what was done to pianos here by the grimace he gave, "Yeah, Mom wouldn't like it, would she?"_

 _"No, Master Tony, I believe she would not."_

 _"Okay, so we'll keep the piano dropping thing to ourselves," Tony said as he thought about how he didn't want to distress his mother._

 _"That is indeed a wise decision, sir."_

 _They were distracted when they heard a child's laughing from behind them. The butler immediately turned around, appearing to be at the ready to defend his young master from danger. However he relaxed when he saw what was undoubtedly another arriving student with a small girl in his arms. He touched the brim of his hat, and nodded at them."Good morning."_

 _The little girl laughed again, and said, "You talk funny!"_

 _"Alyssa Faith!"_

 _At that moment Clarence and Mary Rhodes came walking up, and she was the one who had said the girl's name. When she reached her son's side, she reached out to take her daughter from him, saying quietly to her, "That wasn't very polite, young lady!" She then looked over at them, "I'm very sorry about that, Mr-"_

 _"Jarvis, madame, and it is perfectly alright as young ones on occasion, forget their manners."_

 _"Well, I thank you for your understanding, Mr. Jarvis."_

 _The butler nodded, and looked at his charge, waiting to see if Tony would take his cue by introducing himself. He hid a smile when the boy did indeed finally approach the older teenaged boy and offered his hand._

 _"I guess you're going here too," he began, adding when Jarvis cleared his throat, "And although you probably know what it is, my name's Tony."_

 _The older of the two took his hand, and shaking it said, "Nice to meet you, Tony. I'm James Rhodes and these are my parents, Mary and Clarence Rhodes." The adults nodded as their names were said._

 _"What about me, Jamie?" a little voice piped up._

 _James smiled, "And this is my little sister, Alyssa. She's the most special one of the four of us here!" He reached over to tickle her side as he spoke._

 _"Stop it, Jamie!" Alyssa said, squealing with laughter._

 _"Yes, James,_ do _stop it!" Mary agreed._

 _The look in Tony's eyes as he watched the family interact in such an easy, loving way was that of longing… and envy. The look was gone as soon as all their eyes returned to him, and he cleared his throat._

 _"So Jamie," he began, "Baker House is your dorm too?"_

 _The older teen nodded, "Yeah, for my first year here anyway. Oh, and please either call me James or you can even call me Rhodes…" At the strange look Tony gave him he added, "Hey I was in the Air Force Junior ROTC in high school so I am used to being called Rhodes."_

 _"So James or Rhodes but not Jamie?"_

 _"No, I prefer that you didn't use Jamie since only my sisters calls me that… and that is their privilege only because they are my sisters."_

 _Tony nodded, "Okay, I don't know about_ **sister privilege** _thing since I don't have any but calling you just James isn't my style and Rhodes is just too… I don't know like being way too grown up especially since we're gonna be roomies. So how about I call you-"_

 _"What a second! Did you say that we're going to be roommates?"_

 _The younger boy grinned, "Yeah I did!"_

 _"I haven't even seen my room assignment yet, much less found out who my roommate is. How did you…"_

 _"You do know that my last name is Stark, right?"_

 _"Of course, I do but… okay wow."_

 _Tony grinned again, "So anyway, Rhodey, what do you say we go check out the place where we're gonna be crashing for the next year together?"_

 _"Alright," James replied, gesturing for him to lead the way. As they went inside, he suddenly said, "And don't call me Rhodey!"_

 _"Okay, platypus!" ***_

* * *

"You know I have never asked you _**why**_ , of all of the animals on Earth, you picked the platypus to call me."

"Simple, it was the first animal that popped in my head."

Rhodey groaned, "Seriously, man?"

Tony nodded, "Yep!"

"So if you had thought of say a panther instead, that's what you would have been calling me all these years?"

"Maybe I would have or maybe it'd still be platypus as I think that has a nice ring to it, don't you?"

Shaking his head and smiling, his friend says, "Not really."

Tony smiled for a moment then suddenly grew serious, "Hey listen, we don't have much time left, and there is something that I… that I need to ask you."

In his heart, Rhodey already knew what his friend was going to ask but he nodded his head anyway, and asked, "What is it?"

The billionaire looked down, and fidgeted in his seat.

"Tony?" his friend prompted after a few seconds, knowing that time was precious and quickly they were running out of it.

Tony took in a deep, shuddering breath before he began, "If… if I don't come out of this alive… if I am actually executed, one of the things that will help me have some resemblance of peace when the time comes, is knowing that… is knowing that my family is safe."

"Oh, Tony…"

"Please, I know I haven't always been the same kind of friend to you that you've been to me, so maybe I don't have a right to ask you this but I meant what I said about you being my brother. Truth is, you are one of the few people in the world I would… have trusted with my life, and you are one of the few people I trust to watch over my family once I'm dead. _**Please**_ , James, I am asking you as both the closest friend I've ever had in my life other than my wife. You _**are**_ my brother in every way that really counts, will you… will you watch over and protect my family like they're your own?"

"You know…" Rhodey paused, his voice breaking. He looked away from Tony for a minute, taking in several breaths, as he wrestled to get his emotions back under control. Finally he when he looked back he nodded, and said, "You know that you don't even have to ask me that because if… something happens to you, then I promise you that I'll die before I'll let anything bad happen to them."

The sound of buzzer interrupted anything Tony had been about to say, and the door to the holding area he was in opened. Two guards entered the room, with one saying, "Time's up. Stand up with hands behind your back." Rhodey watched at his friend did as he had been told, and the guards locked handcuffs around his wrists.

Then as the guards started to lead him from the room, their eyes met again, and Tony's nodded at him, "Thank you."

Rhodey nodded, unable to speak and unwilling to say the word goodbye, choosing instead to end their visit with, "Godspeed."

Tony nodded again, and allowed the guards to take him from the room.

* * *

When he exited the prison, Happy saw him coming and opened the back door of the car without a word. Rhodey nodded a thank you to him, and climbed inside the car. He closed his eyes as he waited for Happy to get into the car himself, and took several deep breaths **.**

"So back to the house?" Happy asked as soon as he was settled in the driver's seat.

"Yeah," Rhodey said without opening his eyes, "Back to the house."

Happy nodded, and started the car rolling forward.

Rhodey was quiet for a second then said, "Thanks, Happy."

The security man nodded, and looking at him in the mirror asked, "Would you like to have the screen up?"

"Yeah, I think I would. Thank you."

"No problem," Happy replied, then pressed the button to raise the screen.

Rhodey sighed, waiting until the screen was up before he pulled out his phone, and hitting a number on the speed dial.

"Hello?"

He opened his mouth to respond but nothing came out.

"James, are you there? Hello?"

Taking a breath he answered, "Yeah, I'm here. Look, Moni, I know that we said that we'd put things on hold for awhile but… but I guess I just needed to hear your voice."

"It's all right. You know you can call me whenever you need to. You know that, right?"

"Yeah… yeah I do."

"James, what's wrong?"

"Who says there's anything wrong?"

"Honey, aside from the fact that I can hear it in your voice, you wouldn't have called me unless something was wrong."

Rhodey opened his eyes, and looked at the window, "Yeah… yeah you're right. I wouldn't have called if… if something wasn't wrong."

On the other end, Monica waited patiently for him to say whatever it was that had made him want to call her. A full minute in which the only sound on the line was the sound of his breathing, and when he spoke his words made her heart ache.

"I just left what maybe the… last visit I'll ever have with Tony."

"Oh James, I…" Her voice trailed off as the overwhelming wish that she could be there with him washed over her. She knew what the other man meant to him, and she just wished that she could hold him right then. She swallowed down the lump in her throat, then said instead, "Are you alone?"

He nodded, forgetting that she could see him, then said, "Yes I am… well _**technically**_ I am. Happy is the one driving the car I'm in and I am in the back with the privacy screen up. He's driving us back to the rental house where Pepper has been staying."

"Good," Monica said before she could stop herself, "I don't think you should be alone right now."

He sighed, "I'm okay, Moni. I'm just… angry that Tony is going to die like this… way before his time. What we talked about today… the conversation shouldn't have been needed and never shouldn't have had to happen in the first place!"

She knew he would never tell her any details about what they talked about, and he shouldn't because what had been said had been between them only. Instead she focused on offering him what consolation she could over the phone. However before she could say anything she heard him say something else.

"You know what? I shouldn't have called… I certainly shouldn't be laying all of this burden… _**my**_ burden on you… especially not with Colton there. Sorry."

Monica thought she heard what sounded like him moving the phone away from his ear, "No, it's okay! Don't hang up! James?"

"I'm here but I probably should let you go though."

"James, it's _**fine**_. I'm glad that you called. Well I'm not glad because of the circumstances that made you want to call but I am glad that I was the one you thought of when you needed to talk to someone."

"But Colton-"

"Isn't here right now. My Dad picked him up from school and they went off to have some guy time together. He won't be home until dinner time so we can talk."

"Are you sure?"

"Yes, I am sure," she replied, then added when he didn't say anything, "You said that you needed to hear the sound of my voice when I first picked up so if you don't really feel like talking, I can."

Rhodey sighed, "That'd be like heaven right now because I'm not sure I have the energy to keep up a conversation."

"Okay, you don't have to, honey. Just lean your head back, close your eyes, and I'll tell you about what Colton wanted to do last weekend…"


	13. Chapter 13

With a deep sigh, Steve set his shield down against the elevator's wall, and watched the door close behind him. It only take a few seconds for him to reach his floor but he was so tired, and so discouraged that holding it up even for those few seconds felt too monumental a task right at that moment. He had just started rubbing his tired eyes when JARVIS spoke.

"Captain Rogers?"

"What is it, JARVIS?"

"I must inform you of the presence of former Director Fury on your floor."

Steve suddenly felt awake again, "What?"

"Director Fury is currently waiting to see you on your floor, Captain."

Steve picked up his shield, and got ready for the elevator doors to open. "Did he say why he's here, JARVIS?

"No, Captain, he did not."

About that time, the elevator door opened. And Steve stepped muttering, "Guess I am about to find out."

He exited the car into the living area of the floor he called home with his family when they were all staying in the tower to find the room void of any lights, except for what was coming in from the outside. He immediately spotted the familiar outline of the former SHIELD director against one of the windows where he stood with his back towards Steve.

His gruff voice broke the silence, "It's about time you got home, Captain."

Thanks to the supersoldier enhancements, Steve didn't have to wait long for his eyes to adjust. So instead of turning on any lights he simply set his shield down against the wall, and then walked over in the dark to stand beside Fury. He elected to ignore the other man's dig, because he knew Fury knew what was going on and simply asked, "Why are you here, Nick?"

"I'm here, Cap, because you and your team seem to be doing nothing but chasing your own tails in your efforts to save Stark," Fury replied, turning his one eye to look at the other man.

"Got any suggestions about what else we can do besides chase our own tails? Because us giving up is not an option."

"I never said that it was."

Steve sighed, and rubbed his eyes, "Do you mind dropping the games and just come to the point?"

Fury raised an eyebrow at him, but didn't comment. Instead he extended a tablet, "I'm here to help."

Steve took the tablet, "How? I thought you were retired."

The former SHIELD Director shrugged, "Officially, I am retired. But just like a dog, you can't keep an old spy down, and even in my golden years I still have access to intel that apparently you don't have. Go ahead, Cap, take a look."

Steve turned the tablet, his eyes falling onto an open file where he immediately saw a name, "Who is Morgan Stark?"

"He is the son of Edward Stark, Howard Stark's younger brother."

"Tony's cousin."

Fury nodded, "Morgan was still a kid when his father died, and of course Howard felt an obligation to look out for his brother's kid. So when Morgan grew up, and when he proved to less than stellar in a lot of areas, Howard started up a division of Stark Industries in Canada just for Morgan."

Steve had been skimming through the information on the tablet as Fury talked, and looked up when the other man paused, "So what happened? Is he still in charge of that other division?"

"Given that the division is legally, solely his own now, yes. Tony signed it over to Morgan very soon after his parents were killed. And while I can't be sure about the last several years, I believe that they haven't seen or spoken to each other since then."

"So it's safe to say then that Tony and Morgan don't have the greatest relationship, if any at all."

Fury nodded.

"Is Morgan's company a success?"

"Yes, to the tune of a quarter of a billion dollars."

"Then I don't understand why you're bringing Morgan to my attention, Nick."

"Because I believe this Mr. Stark is the one who may have set Tony up, or at least was involved."

"You know a bad relationship or lack of one isn't motive enough for Morgan to set Tony up for murder."

"If we were talking about most people, probably not. But we are talking about the Stark family here, Captain. Besides being some of the most brilliant people the Good Lord has ever put on this planet, they're also among the most ruthless, cold-blooded, and greedy too."

"Tony isn't any of those," the Captain of the Avengers was quick to point out.

Fury nodded in agreement, "No, he's not not. At least he's not anymore. Stark may still have his many issues but he's no longer the man back when he was still selling weapons or had the nickname the Merchant of Death. But that doesn't mean that he wasn't once headed down that road. There's a good chance he'd still be that man if Afghanistan hadn't opened his eyes."

"I'm not sure where you're going with this in relation to Morgan Stark."

The former director rolled his one eye before he used it to seized up the super soldier, "I think you need to get some sleep, Cap, cause the sharp tactical mind that you're noted for isn't exactly shining through right at this moment."

"Yeah, I'm sure it's not but in my own defense, bed was where I was headed to until JARVIS told me that I had an unexpected guest waiting to see me. So at the risk of sounding like a broken record, if you'd come to the point, Nick, I'd really appreciate it."

"Remember how I said that the Starks are among some of the most greedy people to ever be put on this planet?"

Steve nodded.

"Well there's a good chance that Morgan maybe the greediest Stark of them all."

"Is that just hunch that you have about him or so you have some actual evidence to back that up?"

Fury actually gave him an amused look, "So what if all I have is a hunch? I mean it's not you or the others are doing any better clearing Tony yourselves is it, Cap?"

Pursing his lips, Steve bit back the reply that he had wanted to say, and instead went with, "I know that beggars can't be choosers, but you are _really_ pushing the boundaries here."

The former SHIELD Director became serious, and nodded, "Just read the file in your hand, Rogers. I'm sure you'll agree with me that there's at least enough circumstantial evidence that will make Morgan worth looking further into."

Steve hoped with every ounce of his being that the man was right because Tony was running out of time. Despite how tired he was, he began skimming through the file, pausing to ask, "Are you staying until tomorrow morning at-" He shook his head when he saw nothing but empty air where Fury had been standing. "Always the spy, aren't you, Nick?"

"Former Director Fury asked me to convey to you that if you need further help, you should get in touch with Director Coulson at SHIELD. He said that you are to tell Coulson that he sent you."

Steve nodded, and turned back to the file in his hand.

He perused through the file for another minute or two until his eyes began burning, then asked, "JARVIS, can you please analyze this file? I don't think that I'll be able to do it tonight. Too tired."

"Of course, Captain. I will have it analyzed and a report prepared by the time you and the other Avengers have awakened for the day."

Steve nodded, yawned, then started walking towards his bedroom. "Thanks, JARVIS."

"You are welcome, Captain, although I must say that I will happily assist in any way that I can to help bring Mr. Stark safely home to his family."

It wasn't hard to hear the concern or affection in the AI's voice, and hearing it made Steve smile despite the situation. "I know you will, JARVIS."

* * *

Upon awaking the next morning, the first thing Steve heard was JARVIS say, "Good morning, Captain Rogers. I have completed the analysis of the file former Director Fury left here last night and I believe it would be most beneficial for you to meet with either Agent Barton or Romanoff once I have informed you of what I found inside." One of the advantages of the supersoldier serum was the fact that he required less sleep than most people. Still, glancing over at the clock told Steve that he had slept later than he meant to. Throwing the covers back, he got out of the bed and headed towards the bathroom all the while saying, "JARVIS, can you tell me while I grab a quick shower?"

"Certainly, Captain," the AI responded, and began sharing the file's contents.

Five minutes later, Steve told JARVIS in the middle of scrubbing his hair, "You were right about me meeting with either Clint or Natasha after hearing what's in the file. Would you ask Natasha if she'll-"

"I'm afraid Agent Romanoff just left the building."

"Okay, Clint then. Can you please tell him I need to talk to him?"

"I've already taken the liberty of doing so, Captain. Agent Barton says he will wait for you on the Archery range on the Target Practice floor."

Shaking his head, Steve said, "Thanks, JARVIS."

"My pleasure, Captain."

* * *

Twenty minutes later, Steve exited onto the Target Practice floor in time to see Clint split in half the arrow he had already fired at the target with another arrow. His voice startled Steve slightly a second later when he said, "What can I do for ya, Cap?"

Steve watched as he notched another arrow, and pulled the his bow's string back before he said, "I need to know if there's something going on in SHIELD right now?"

Clint raised the bow, aimed, and released the arrow, hitting his target perfectly before he finally looked at the other man, "Not that I am aware of. Why?"

"Well don't you find it strange with all that is going on right now that we've not heard one word from either Director Coulson or even Agent May?"

"SHIELD has other concerns to keep an eye on, Cap."

Steve stared at him, incredulous as his mouth finally fell open.

Clint must have realized how cold his statement sounded because he added, "That didn't come out exactly the way I meant it, sorry."

"Then how did you mean what you just said?" _Because it sounds like you just said that SHIELD doesn't care whether Tony lives or dies!_

"What I meant and probably should have said is that SHIELD has been helping Stark by keeping HYDRA and anyone else on the planet who like to cause a problem big enough to need the Avengers from actually succeeding." He notched another arrow, and as he took aim added, "Not an easy task because you can believe there hasn't been any lack of trying on their part."

"No, I wouldn't think so, not with us being down two members and them knowing it," Steve concluded.

"Yeah, and the only reason that they haven't pushed against SHIELD any harder is the fact the Director has been good at making SHIELD seem a whole lot bigger to those on outside than what it actually is in reality."

"Also you should know," the archer began, releasing another arrow, and turned his head to look at Steve, "Coulson has been in contact."

"With you?"

"And Nat."

Steve nodded, "Of course." Except for times like these, it was easily for them to all forget that technically the two married assassins were still in fact members, no _are_ agents of SHIELD who had been and probably always would be on loan to the Avengers by the Director.

"I hate to be the one to tell you, Cap, but the fact that Nat and I have been allowed to stay to help with finding out who framed Tony is the probably the best help the rest of SHIELD can offer right now," Clint said as he ready another arrow, "There were one or two missions they really needed us to go on, ones we really shouldn't been able to refuse."

"Yet you did refuse."

The archer nodded, before aiming and quickly firing, "Yeah, and if Fury was still currently the one in charge, there's a good chance that we'd both be sitting in a holding cell right now facing disciplinary action for insubordination."

There was no doubt in Steve's mind that Clint was one hundred percent correct on his assessment as to how Fury would have reacted to their refusal. It's not that he wanted Tony dead if the situation were different. He would just would weigh the needs of SHIELD and the overall good against the long term value of saving the billionaire's life.

"Is there something I can do for you, Cap?" Hawkeye asked, breaking into the silence of the Captain's thoughts.

"Yes, I need to talk to Coulson and I need you to be the one to contact him for me." When the spy slash master assassin slash archer began laughing maniacally a few seconds later, Steve gave him such a concerned look that Clint began laughing hysterically again when his original laughter had begun dying down. "Wanna tell me what's so funny?"

Clint, while he was still grinning and wiping away his tears of mirth replied, "Oh could it be the fact that Captain America wants me to contact Phil Coulson, a man who maybe one of the _biggest_ Cap fanboys to ever walk the planet, for _him_?"

"Yes, the irony hasn't been lost on me, Agent Barton," the supersoldier replied, shaking his head, unable to keep a smile completely off his face.

Wiping his eyes with the palms of his hands, Clint said, "Seriously, Cap, you don't need me to contact the Director. He'll take your call when he'll take no one else's."

"A fact which have been true at one time, before this whole crisis began."

"But?"

Steve shrugged, "I don't know. I have tried to get in contact with Coulson but since Tony was arrested. I usually get Agent May who promises she'll relay whatever message I want to the Director."

"Well you can be sure that he'd gotten your messages. May can be counted on to keep her word about those kinds of things."

"She's reliable, agreed."

"Then what's the problem?"

"The problem is the fact that in my message I've specifically asked that Coulson contact me, and he's yet to do so. I've left over a half a dozen messages with this request, and I've heard nothing. Now I believe Agent May is relaying my messages but the Director is choosing to ignore them."

Clint shook his head, "He's not ignoring them… or at least I doubt he's doing it intentionally. Remember what I said just a minute ago about HYDRA and all the other crazies in the world?"

When the archer began walking towards the target to collect his arrows, the supersoldier called out, "Fury paid me a visit last night!"

The other man stopped dead in his tracks, and turned around, "Fury was here?"

Steve nodded, "Yeah, he was waiting for me on my floor when we got back to the Tower last night!"

Deciding that his arrows could wait, Clint returned to him, "What did he want?"

"He gave me some intel and told me to contact Coulson."

"So why are you here talking to me?"

"I told you it's because I can't seem to get in direct contact with him. Agent May always answers my calls."

"And you think I'll have better luck getting the Director on the line?"

Steve shrugged, "Won't hurt to try, will it?"

"Well that depends, Cap?"

"On what?"

"On how I get Coulson on the line."

"What exactly are you planning to saying?"

The assassin sighed, and rolled his eyes, "Something I guarantee will have Coulson snatching up the phone if he's in the room with May." Picking up his bow, he motioned for Steve to follow him, "Come on. We'd better do this if we're gonna do it before Nat gets back."

Shaking his head, the captain followed behind him, muttering, "Why do I have a bad feeling about this?"

"Maybe because hey it's me?"

* * *

"You're sure about this?"

"Do you want to talk to Coulson or not, Cap?"

"Yeah I want to talk to him. But it'd be better if we didn't give him a heart attack first, Barton."

Clint started dialing the number, "Relax, Cap. I'm not going to give a heart him a heart attack."

"I hope-"

Hawkeye held up his hand to indicate silence then said into the phone, "This is Agent Barton. I need to speak to Director Coulson immediately."

A moment passed without him speaking and Steve assumed that he was listening to another agent speak.

"Yes, Agent Triplett, this is an urgent matter or I wouldn't have called," Clint replied, rolling his eyes. "He's putting me through but I bet you anything it's going to be-"

"Agent May."

Rolling his eyes again, Hawkeye mouthed the woman's name, and said aloud, "This is Agent Barton. I asked to speak directly with the Director."

"The Director is unavailable right now, Agent Barton. Whatever your matter is, you can tell me and I will relay it to Director Coulson."

"Very well, Agent May. Please tell the Director that Captain Rogers has been seriously wounded in a skirmish with-"

"Agent Barton, this is Director Coulson. Repeat your last statement."

With a wry smile, Clint handed the phone over to Steve, "Told you I'd get him on the line."

Shaking his head, Steve put the phone up to his ear.

"Agent Barton? Skye, I need you to trace-"

"Director, it's Steve Rogers. I am sorry for the deception, sir, but it's urgent that we speak and I've been unable to reach you on the phone lately."

"My apologies for being unreachable, Captain, but with the Avengers effectively down HYDRA has been rather busy of late. They're making up for lost time, and although my agents are doing a phenomenal job, it is all we can do to keep up with them at the moment."

"Yes, sir, Agent Barton apprised me of the situation with HYDRA. I know the situation is an urgent one, and you sympathies but the matter I need to I need to discuss with you is also urgent."

"It seems that Agent Barton and I have a lot to discuss the next time he comes in to debrief. As for your urgent matter, Captain Rogers, I already know what it is," Coulson sighed, "I am uncertain what assistance SHIELD can offer beyond what I've already given you by allowing two of my best agents to remain under your command."

"Tony's running out of time, Director."

"I know, Captain. Believe me I don't want to see him executed either."

"Then _help_ us, Phil."

There was silence over the line for a second, and then he heard the other man say sadly, "I'm sorry, Steve, but my hands maybe tied on this."

Steve sensed that the Director was about to end the call, and so it blurted out, "I heard from the Cyclops last night."

"Repeat."

"I said I heard from the Cyclops last night."

"I see."

"He told me to contact you and to say that he sent me to you."

There was silence on the line again, and finally Coulson said, "I'm sending a quinjet for you and Agent Barton, Captain. It will be there within the hour." With that the line went dead.

Steve frowned, and handed the phone back to Clint, "He's sending a quinjet for us."

"So what's the problem? You're finally going to get to talk to the Director."

Steve shrugged, "I don't know. I can't put my finger on it but something in his tone…" He shrugged again, "Probably nothing."

Hawkeye stared at him for a moment, nodded then said, "For someone who got what he wanted you don't look too happy, Cap."

"Yeah," he agreed, then turned, "Look I'm going to get my shield. I'll meet you on the landing pad when the quinjet gets here."

Clint nodded, watched him go then something dawned on him, "Wait a second! Meet on the landing pad?"

"Yeah, didn't I say that Coulson is sending the quinjet for us _both_?"

The archer sighed, swore, then muttered, "I wonder if I have time to make my hearing aids go on the blink?"

* * *

 **AN:** FYI, I **promise** you that I started writing this a long time before Infinity War came out. The Morgan Stark mentioned in this is Tony's cousin, who I got the idea for based off the comics.


	14. Chapter 14

**AN:** Surprise everyone! I have this fic edited up through Chapter 33 so I am going to rework my posting schedule for this story! I am considering maybe posting twice a week from here on out. I haven't decided yet but I will soon. In the meantime here is a celebratory update for y'all!

* * *

A little over an hour later, Steve and Clint were following May down the corridors of SHIELD's home base, headed towards the Director's office. As they walked, Steve began to sense, then noticed several of the agents staring at them, at him long after they'd passed them. But then the fact they'd stare at him and not so much at Clint made sense. Hawkeye had been a SHIELD agent a long before he became an Avenger, and because he was still an agent, he had been to the base several times over the past nine years. Steve concluded that they were more used to seeing him around base than they were him.

Plus, he thought, It doesn't help that you brought your shield with you!

When they stopped just short of Coulson's office, and May turned around to face not them but the gaggle of agents staring after them, "As you were, people!"

Steve didn't fail to notice the satisfied gleam in her eyes when the agents quickly got back to their work.

"Agent Barton."

"Yes… ma'am?"

"Director Coulson and I will meet with Captain Rogers in private. In the meantime, Agents Morse and Hunter are waiting for you at the firing range. The Director would like for you to give a targeting demonstration to the class of new agents there."

Clint nodded, "Yes, ma'am. Glad to do it, only there's one problem. I didn't bring my bow with me."

"You'll find what I trust will be a suitable replacement waiting for you when you get to the range."

"All right, then. I guess I'm off to the firing range. See you later, Cap."

As Clint disappeared down the corridor that would take him to the firing range, May said, "If you'll follow me, Captain Rogers, Director Coulson is waiting."

The supersoldier nodded, "Lead the way, Agent May."

* * *

 **"Director Coulson, thank you for seeing me," Steve said as he shook the man's hand. "I really appreciate it."**

"The circumstances with HYDRA and what's happening to Tony Stark notwithstanding, the pleasure is all mine, Captain. I am sorry that you've had such a difficult time getting in touch with me because of the former."

"I know that you're a busy man so thank you again, Director."

"Please, Captain, sit down," Coulson said, taking his own seat behind his desk. With a nod, Steve removed his shield from him back before sitting down while May moved around the desk to stand beside the Director. "Now what is it that we can do for you today?"

"First," Steve began reaching inside of his pocket, "You can take a look at this." He removed a flashdrive, and leaned over to hand it to Coulson.

"What's on it?" May asked even as Coulson plugged it into the computer on his desk.

"A file on the man who Nick Fury believes is actually responsible for the attack on the NYPD precinct, and the murders committed there." He fell silent as he waited for Coulson to open the file so he and May could read it.

"Morgan Stark?" the Director said a minute later.

Steve nodded, "After reading through the file all the way, I have to agree with him that it makes sense, or at least it does circumstantially anyway."

The Director looked over at him, "You know that I trust your and Fury's judgment regarding your conclusions. However-"

"You still need to read the report and come to that same conclusion for yourself," Steve finished.

"Yes, I'm sorry."

"No, it's alright. I completely understand."

"Thank you. In the meantime, if you and Agent Barton could remain on the base while we review this report, it would serve to expedite any joint actions between SHIELD and the Avengers should I decide that there is enough evidence to support us being involved."

With a nod Steve replied, "Since the team was on stand down today, us staying here for a few hours isn't a problem, although…"

"Although what, Captain?"

"Although I think my presence may be detrimental to your agents getting their work done, sorry." Steve sighed, and looked chagrined as he added, "So if you've got a room where I can stay out of sight, I can wait in there."

A look passed between Coulson and May before she said, "You could do that but if you'd prefer spending your time more constructively, there are a few hand-to-hand training classes this afternoon that I think the instructions would bebenfit from your help."

Looking at his shield that set propped up against Coulson's desk, he looked up at them, "I'd be glad to help out with the classes, only all I brought with me is my shield, and well I'm not exactly dressed for it." Indeed he was dressed in his standard off duty/off work casual clothes.

"I'm sure that we can find some gear that would fit you," the Director responded. "If you're interested."

Again his eyes fell to his shield, and as long as they were on base, he couldn't see any reason why he shouldn't help out with the classes. There was just one more thing. He looked back up, his eyes meeting that of Coulson, "I'd be happy to help with the classes on the condition that I can leave my shield here in your office." If the Director was surprised by his request he didn't give up one single clue other than maybe giving an answer to his request a little too quickly.

"Of course, Captain," Coulson said, simply.

"Okay, I'll help out with the classes then."

"Then if you'll follow me, Captain Rogers, I'll take you where you can get changed, and then I'll show you to where the classes are being held."

Steve nodded, and looked at the man behind the desk, "Is my shield fine where it is or do you want it somewhere it?"

Coulson smiled, "As long as it's out of the way, and it is, then yes your shield is fine right where it's at."

"Okay, I'll be back later then - for it and to hear what your decision is."

When May returned to Coulson's office, she was handed a copy of Fury's report by the Director. After she had grabbed a bottled water, she sat down across from him in the same seat which happened to be the one Steve Rogers had been occupying while he was in the office.

The two worked in companionable silence over the room until May said, "You know it's not in the exact same place where he left it in right?"

Phil elected not to look at her, "I doubt he'll notice."

She didn't respond for a few seconds then asked, "Wasn't his memory one of the things that were enhanced by the serum?"

"I don't think that I need to remind you that we've got a man's life hanging in the balance."

May nodded, taking his hint.

She did not however fail to notice the slight pink glow that appeared on his face.

* * *

 **Three hours later, Steve along with Clint had showered, changed back into the clothing they'd worn to the base and were on their way back to Coulson's office. The archer was leading the return trip since he was the first to get the word that Coulson wanted to see them and because also he'd been to this base more than Steve ever had.**

Their trip there seems to draw far less attention this time around and Steve wonders if it's because he left his shield in the Director's office or is it because there were far less agents milling about? In any case they make it to the office in good time, and since he is the leader of the Avengers, Clint moved aside to allow him to be the one to knock on the door.

"Come in," Coulson's familiar voice called through the door.

Steve opened the door, and together they entered the office to find another agent that they both had passing familiarity with sitting close to Coulson with a tablet in her hands She smiled at them, gave a little wave, and said, "Hi Captain, Hawkeye!"

"Agent Skye," the two men responded in unison.

In the meantime the Director made a gesture, "Please do sit down, gentlemen."

Normally being called a gentleman by anyone would have drawn a sarcastic laugh from Clint. But not today since assassin was waiting for Coulson to drop the other shoe in regards to the stunt he'd used to get the Director to pick up the phone. So instead he just sat down beside Cap and waited to learn what his fate would be.

"So," Steve said as he took the seat directly in front of his shield, "What have you decided, Director?"

"I asked Agent May to help me go over the report so there would be confirmation to any conclusions I came to."

"And?" the supersoldier prompted when he didn't continue.

"You and Fury were right about Morgan Stark. His off the record activities suggest that he should be investigated. To that end I've decided that more of SHIELD will now be involved in the investigation to clear Tony Stark's name."

Steve truly believed that gaining SHIELD's help was Tony's last chance to be cleared before he died by lethal injection. At hearing that they would be joining up in the Avengers' efforts to clear him, the Captain released the breath that he didn't realize he had been holding. "Thank you, Director."

Phil nodded, "Our plan is to send an agent inside of Stark's company as a technical intern…"

While he spoke, Steve and Clint's eyes turned to Skye, who looked up from what she was doing when she sensed them staring at her, "What? You guys think he's talking about me?"

"Well weren't you a hacker before you joined SHIELD?" Hawkeye countered, although he already knew the answer.

"Yeah, I was which is why I'll be providing technical support to the agent who is actually going in."

"Agent May is currently briefing her now," Coulson interjected.

"May we ask who?"

"Agent Barbara Morse."

Clint nodded, "Hmm, Bobbi. Good choice… since Nat can't be the one to go."

The look on the Director's face was amused, "So glad that I have your approval, Agent Barton."

"So what's the plan?" Steve asked, bringing them all back to the matter at hand. When tomorrow came it would mark the final twelve days Tony had left before his execution. They had to buckle down, find the person or persons really responsible, and find the evidence to prove it or Tony would die when those twelve days were over.

"It's a simple one, really," Coulson stated, and then began filling them in.

* * *

 **"Do you think it's going to work?" Clint asked just before they entered the landing bay. They had left Coulson's office after half an hour of listening to the Director explain the plan of how SHIELD was going to help.**

"You said yourself that Agent Morse is a good agent-"

"That's not what I meant, Cap."

Steve sighed, "I know what you meant." He shrugged. "I suppose that we just have to hope… have to pray that we're finally on the right trail."

"I can't say that I'm one for prayer much, Cap. But I really hope that we're finally on the right trail. Tony is almost out of time." The chatter of voices as they entered the bay halted any reply the supersoldier had been about to make, and after a look at each other they picked up their pace.

"Oh don't be so utterly ridiculous, Fitz!" exclaimed the young woman as they neared the quinjet.

They see a young man and woman standing outside of the aircraft, arguing, and being watched by another young man who is giving them a bemused look.

"I'm not being ridiculous, Jemma," came a reply in a heavy Scottish brogue, "You just refuse to see that I have a valid point."

"I'm not refusing to see anything, Fitz. You can't see something that isn't there to begin with!" Jemma replies.

Fitz's mouth drops open, and he sputters.

"Enough!" The one in the quinjet said, then added, "You two are driving me crazy! What are you two even doing down here in the landing bay anyway?!"

Shaking his head, Clint stepped forward and said, "Agent Triplett?"

"Yo!" the one in the quinjet responded.

"Agent May said you volunteered to fly us back to New York," Steve stated.

"Yes, sir, that I did. I'm Antoine Triplett," he replied, offering his hand. "It's a real honor to finally meet the man my grandfather was so proud of serving with."

Taking the offered hand, Steve gave him a puzzled look, "Your grandfather?"

Trip nodded, "Yes, sir. Gabe Jones."

The Captain's face lit up, "Gabe Jones is your grandfather?"

"Yes, sir, he was. Well technically he was my great-grandfather but yeah Gabe Jones was him."

"Was?"

The young man's face fell a little, "He uh died when I was ten years old."

"Sorry to hear that."

"He lived a good, long life but thanks. Oh man the stories he used to tell me about your missions-"

Someone cleared their throat loudly, "I hate to interrupt this stroll down memory lane but Cap, we need to get back to New York ASAP."

"Oh right. Sorry," Trip said looking sheepish. "If y'all will come on board we'll-" When loud coughing interrupted him, and he shot an annoyed look at the two forgotten people in the room. Rolling his eyes he said, "Captain Rogers, Agent Barton, this Agents-"

"Fitz-Simmons," Hawkeye deadpanned as the two young agents stepped forward eagerly to shake their hands.

As each shook Steve's hand they clarified who was who.

"Why yes, Agent Barton," said the young woman when she reached him, "How did you know?"

"Your reputation more than precedes you," the archer replied dryly before boarding the quinjet.

"It does?" Fitz said, "It's that a good thing or a bad thing?"

"Cap!"

"Right, coming," Steve said, "A pleasure meeting you, Agents Fitz and Simmons, but I need to go now."

"Of course, Captain," Jemma said.

"Some other time, maybe!" Fitz called after him as the door to the aircraft closed.

* * *

 **Skye snatched up her laptop, and all but ran full speed to the Director's office. Normally she would have knocked before bursting her way inside Coulson's office but what she had to show him was something he needed to see right then.**

"By all means, Skye, come right on in," he said as she put the laptop down on his desk.

Although the look on his face and tone of voice said he was more amused than annoyed with her, she was still slightly apologetic, "Sorry, but I just got some security footage in from Stark-Fujikawa that you need to see now and I mean right now." She pressed the play button, and crossing her arms stood back to wait for his reaction.

"It seems that Morgan may be far more arrogant if the man with him is who I think he is," Coulson stated after a minute of watching.

"Oh, it's him. I recognized him too right off but ran a facial scan against our databases anyway just be one hundred and ten percent sure."

The Director nodded, looked at her, "Justin Hammer, the former CEO of Hammer Industries and one of the principal rivals slash enemies of Stark Industries. Is there any sound to this?"

Skye shook her head, "No, there isn't. But if you can read their lips, which we both totally can, you can see that they say a few things that are very interesting."

Coulson nodded, and pushed a few buttons on this desk before pushing the laptop back at her, "I've copied the footage to my computer. Get in contact with Agent Morse, and tell her to be on the lookout for some footage of them together that has sound on it or better yet tell her to record some fresh footage of them together."

Taking her laptop back, Skye nodded, "You really think that Morgan is arrogant enough to still have this… dirtbag with him and where other people can see them together?"

"I do," Coulson replied, "He may not have broken Hammer out of prison but I'd be willing to bet my Captain America trading cards that he's more than arrogant enough to think that they're safe from being seen on his own property."

* * *

 **EN:** I don't get why every time I save something here, it says "image already added" at the end. Please ignore as I can't get it to go away!

Image already added


	15. Chapter 15

"JARVIS, are there any messages for me?" Rhodey asked as he threw his jacket haphazardly towards the couch while on his way to the apartment's kitchen. He downed how a half a bottle of water while he listened to the AI's response.

"You have three voice mail messages from your sister."

"Is that all?"

"Yes, General. Shall I play them for you?"

"Err, no. I can't deal with whatever Tanesha might want right now."

"Very well."

After throwing his water bottle into the recycle bin, Rhodey started towards his bedroom. "JARVIS, will you please tell Captain Rogers that I'm running a little bit behind and that I will meet him-" A knock on his door interrupted him from continuing with that sentence, causing him to instead ask, "Who could that be?"

"It is Mr. Hogan, General." JARVIS supplied, "Shall I let him in?"

"No, JARVIS, thanks. I'll open the door myself," he replied, walking back to the door, and unlocking it a second later. "Happy?"

"Oh, so you are here!" the security head/bodyguard said.

"Yeah, I just got back but was about to go meet with Rogers down on the common floor in a few minutes. Why is there something wrong?"

"No, nothing wrong. I just need to give you this," Happy said, pulling an envelope from his pocket. "A special courier brought it yesterday while you were gone."

"A courier you say?" Rhodey remarked as his took the envelope, his curiosity piqued.

"Yeah, I think they were from one of Tony's lawyers."

Rhodey's arched an eyebrow as he turned the envelope over, nodding after he looked at the name on the outside, "Yeah it is." After he opened it, he pulled the letter out, reading the first few lines. "It's from Tony."

"Which is probably something private."

"Yeah probably."

"Then I'll leave you alone, so you can read it in private."

Rhodey was already reading it, and was so absorbed that he didn't hear Happy leave or when he closed the door behind him. He then reread the letter in his hands several times, so a few minutes passed before he noticed that Happy had left. "I'm not sure that I believe… okay, then, he left."

Scratching the back of his neck, Rhodey went to sit down in the closest chair, "JARVIS, do you know anything about this?"

"May I ask what you are referring to, General?"

"To a part in this letter where Tony says that if something were to happen to him, that he's…"

"That Sir is what?"

"Hold on, I need to go to Tony's workshop before we continue with this conversation."

When JARVIS did not respond to his last statement, Rhodey kept his own silence and left his apartment. While in the elevator he asked the AI to tell Steve that he'd be late getting to their meeting. It was less than half a minute later that he was entered his friend's workspace and treasured sanctuary. Once the lights came up in the room, Rhodey held up the paper in his hand to read it again.

Rhodey,

If you're reading this letter now, it is because I've been incapacitated in some way. Whether it's by injury, captivity, or by death, I've left instructions with my lawyer that you are to receive this when it's clear one of those three things have come to pass, and I won't be able to return home for awhile - if ever.

"You're coming home, Tony, just like you did from Afghanistan. You're coming back to your family!" Rhodey muttered, then continued with re-reading.

I had this letter sent because if for any reason I cannot use my armor any more, and if for some reason you've War Machine, then I want you to be able to take over as Iron Man. The purpose of this letter is to give you the means to do so since the suits are coded to me, or they will be until you do this.

I know you're probably saying right now that you don't want access to my armor But if something has happened to me, platypus, you're going to need everything you can get to help you with keeping the people we

Tony had crossed out the word we to replace it with the word you, from which the letter continued onwards with.

love safe from harm. So get over any issues you're having because you're not violating my trust or our friendship by doing what I'm asking you to do.

Now, I need you to go to my workshop, and say the following words to JARVIS.

DEATH KNELL

Oh and you do not have to worry about someone using the same phrase to get the suits from you because I programmed JARVIS without his realization or rather his awareness to respond to your voice pattern only.

Please, James, I am depending on you to watch over Pepper and my kids if something happens to me.

So STOP reading this over and over and DO TAKE CONTROL of the suits already!

You're the only person I trust to use Iron Man as he's intended to be used.

Tony

Rhodey sighed, and returned the paper to the envelope. He looked up at the suits, and quietly said, "JARVIS?"

"Yes, General?"

Rhodey sighed again, then rolled his eyes, not believing he was about to utter the words Tony had directed him to say. "Death knell."

* * *

 **Tony didn't look up as the door to his cell opened up and a pair of guards stepped inside, One of the guards looked over at the untouched food tray, and asked, "Not hungry this morning, Stark?" It was a simple inquiry of genuine curiosity as there was no snideness to his voice.**

But Tony doesn't give him a response anyway.

The same guard cleared his throat, "Alright then, let's get on with this."

"On with what?"

"It's moving day."

"Moving day?"

"Yes, we're four days out from your appointed execution date and protocol dictates that we move you into the Death Watch cell now. So to that end, we need you to stand up now, turn around, and put your hands behind you."

Tony nodded, and got to his feet, then turned his back to the guards. He placed his hands behind him and immediately felt the cold metal of the handcuffs being closed around his wrists. As they started to lead him out of the cell that had been his place of residence since he had arrived at the prison, a thought suddenly occurred to Tony, and he balked.

"Wait!" he said when the guards put a little force behind their grip on his arms, "What about my stuff? The pictures of my family?"

"We'll bring your belongings to your new cell after you're settled in."

Tony nodded, then allowed the guards lead him from his cell, and down the hallway he had figured out a long time ago must be where the death chamber was located. When the guards deposited him into a cell no more than ten feet away from the gray steel door with a vault style turn lock on it, Tony felt no satisfaction about actually being right in his supposition. After the guards took of the handcuffs, he felt some relief when he turned around and realized that the cell he was now imprisoned in had, mercifully, been placed at an angle where he would be unable to see the door to the death chamber.

The guard who had taken the handcuffs off of him took a moment to tell him, "We'll return shortly with everything from your cell."

He gave the guard a wordless nod in reply, and sat down on the bunk of the cell. After being in an enclosed space for so long, Tony almost found the open cell to be a bit unnerving. Three of the four walls actually consisted of old-fashioned bars like most prison cells used to consist of. The only solid wall to be had now was the one he had his back leaning up against. But it was more than the openness that was unnerving to him because sitting across the way at about thirty or forty feet was a guard sitting behind a desk very obviously watching him.

"Enjoying the view?" Tony snapped when he became aware the man wasn't going to stop staring at him.

"Observation is a part of his job, Mr. Stark," the warden said as he entered the area, "and it is also one of the protocols we must observe at all times once we relocate an inmate to the Death Watch cell."

"You mean someone is going to be watching me constantly up until you take me out of this cell to kill me?"

The warden nodded.

"Even when I have to use the john?"

"You'll be accorded as much privacy as can be spared when you make use of the… facilities but yes even then, you will be under observation somewhat."

"Well, that's just downright creepy!"

"I am sorry but that is the way things will be until you are either exonerated, granted a stay, or your execution is carried out."

"But why?"

"Why the observation?"

"There are two reasons for us placing you under direct observation. The first of which is because in the past there have been some inmates who have killed themselves before their scheduled executions perhaps as a last way of denying giving their victims' families the satisfaction of seeing justice served for their lost loved ones."

"So I've lost what little bit of privacy I had left to me in this place because you've had some of the actual cold-blooded murderers take the coward's way out so they wouldn't have to face the people that they hurt."

"Yes."

"So basically you're watching me so I don't off myself before you actually get the chance to do it yourselves?"

"Basically yes," the prison official said with a shrug, "When men are driven to desperation, it's been known to happen."

"But to off yourself to keep from being executed? That makes no sense!"

"Stranger things have happened, Mr. Stark."

"But why kill yourself if you're going to be executed anyway?"

"So you can deny families of the victim or victims of your crimes their right to see justice be served for their loved one?"

"That's… so warped!"

"Yes, but I have seen or at least heard of such things happening," the warden said, turning to leave.

"Wait!"

The prison official stopped, "Yes?"

"What if I tell you that I'm want to live more than anything else in the world and I promise you that I won't kill myself before you guys can do it? Even if I point out that today is my son's birthday, and there isn't anything I wouldn't do or if I could be with him instead of here? So why would I want to kill myself when I want to be with him so much that… that…"

Although he hadn't finished that sentence, the warden could imagine that he knew how it would end, and as a result he gives Tony a somewhat sympathetic smile, "Even if I were to believe you wholeheartedly and I do, even then I cannot call off the observation on you, Mr. Stark. I'm sorry but it must be this way."

Tony shrugged, "Well, it's not like I haven't had people watching me my whole life, right? Why should the last four days of my life be any different that the first forty-seven years were?"

The guards who had left to collect Tony's former cell returned at that moment, interrupting anything the warden might have been about to say. They had a couple of plastic bags full of the few possessions he had been allowed to have in prison, and they immediately approached his new cell, stopping just outside the door.

"If you'll go as far away from the door, turn to face the wall, and place your hands on top of your head, we'll return your items to you."

Standing up to comply with their instructions, Tony couldn't help but notice when the guard from the desk came over with his weapon drawn. He swallowed hard, and walked over to the far side of the cell as ordered, placing his hands on his head. From behind he heard the door open which was followed by the rattle of plastic as they deposited the bags onto the desk, and then the clank of the door as it was shut.

"You're free to move again."

As he put his hands down and turned around, Tony he heard the warden say, "I'll leave you to get settled in. Good day, Mr. Stark."

"Wait!"

"Yes?"

"You said there are two reasons that you're keeping me under observation. First one is so I don't save you the trouble by killing myself before you can do it. So what's the other reason?"

"The other reason is a matter of official record."

"Official record? What does that mean exactly?"

"It means, Mr. Stark, that everything you do or say while you're in that cell will be noted in some fashion for the government's records regarding the final days leading up to your execution."

"What?! Does that mean you're video taping me or something?"

The warden shook his head, "No, although we do have surveillance cameras in this area, any footage that is recorded on them will not be saved after… whatever the resolution is that comes to pass for your situation."

"So is the camera even pointed on the toilet? I mean is it too much to hope that I can at least take a leak in with some kind of privacy and have just a human set of eyes watching me?"

"The camera's viewing range ends just short of that area of the holding cell."

"That's better than nothing I guess."


	16. Chapter 16

"In just over three days from now will mark the beginning of the final twenty-four hours before your execution is scheduled to take place. But we reach that moment, there are things that I need to either inform you about or ask you about in regards to those last twenty-four hours. Most of them can wait until we are actually in those final hours but there is one issue that cannot wait so I need to ask you about now, Mr. Stark. It is regarding your visitation rights for that day."

Tony nodded and waited for the warden to continue.

"You will be allowed visits by anyone who is already on the approved list of visitors. Because of the nature of the circumstances, I am willing to allow you visits by some who are not on the approved list. But those visits would be contingent on them not being one of the other Avengers whom I've already denied."

"In other words, not any Avengers who aren't Steve Rogers."

The prison official confirmed his statement with a nod, then asked, "Should I inform Captain Rogers that you wish to see him then?"

"No, I've asked him to be there when I… but I don't need to see him at any other point during that day. We have said everything that we need to say already." He took a breath then said, "There's only one person in the world I want to see again that day, and that is my wife."

The warden nodded, "Are you certain that she is the only one you wish to see?"

"Yes."

"What about General Rhodes?"

"No, we've already said our goodbyes the last time Rhodey visited."

"Alright then, Mr. Stark. Your wife will be the only one on the visitors list for that day… although is there one more exception I would be willing to make."

"What exception?" Tony asked, puzzled.

"The exception of allowing children as young as your son and daughter are, to visit."

At the mention of Ethan and Eva, Tony dropped his gaze, then closed his eyes. He couldn't quite keep the longing or the pain out of his voice when he said, "No! Absolutely not!"

"Are you certain?"

Tony took a deep, ragged breath nodding, "Yes, I'm sure because as much as I want to see them again, I don't want them to come into this awful place. No offense."

The warden gave him an understanding smile, "None taken, Mr. Stark."

"How much time will I have with Pepper?" Tony asked, his eyes wet as he looked at the warden again.

"You'll be given as much time with her as we can possibly allow you to have."

"Will I be allowed to be in the same room with her for this visit?" For every other visit, there had always been a glass wall between them. But even he asked Tony tried not to get his hopes up that things, this time, would be any different for them.

The warden was silent for a long moment as he studied the man before him, then he sighed, "Physical contact between inmates and visitors is strictly prohibited…" He saw what little hope there had been in Tony's eyes fade with that. "However, since I was willing to bend the rule regarding the age of your children by allowing them to visit you if you had wanted them to I will allow this."

"You will?"

"Yes, I will. However," he paused as if to give the words he would say next some extra weight, "I will have some very strict conditions that you and Mrs. Stark must agree. You will both have to every one of them before I allow this."

Tony swallowed, "What are they?"

"First, Mrs. Stark cannot bring anything into the visit with her, which includes any personal items such as a handbag or even jewelry. Second she must agree to a thorough search of her person, and by search, I do not mean anything as drastic as a strip search, but something that will be more than just cursory in nature."

"Like a pat down?"

"Yes."

Although he didn't like the sound of what the warden had said and was sure that Pepper wouldn't like it too much either, Tony still agreed, "Alright, what else?"

"There will be two guards present in the room with you both and will be observing everything that happens between you at all times."

Tony frowned at this, "Why? Are you afraid I'll do something to hurt her? Because if that's the reason to have them there than-"

The warden held up a hand, "That is one of my conditions, Mr. Stark. While I may believe that you would not harm your wife under normal circumstances, However this visit will not be made under normal circumstances."

"But I would gladly die before I would ever hurt Pepper!"

"Even so, Mr. Stark, you are a man who is facing execution, which makes you a man who is trapped in a desperate situation. I have seen too often what men will do when they are driven by enough desperation. If there is enough motivation, such as trying to save one's life, a man will hurt others to get out of his situation, even if the ones they must hurt are the ones that they claim to love."

The look on the other man's face told Tony that trying to change his mind would be pointless, and he finally conceded with a nod. "As long as I can see my wife, and actually be in the same room with her, I don't care how many guards are in the room. Are there any more conditions?"

"Yes, there is one more," the prison official said, "You must be shackled for the duration of your visit with your wife. I'm afraid that I must insist on both your hands and ankles being chained."

"Alright as long as we can be in the same room together, I don't… I don't care."

"You will be."

"Look, I know that you told me that physical contact isn't allowed between prisoners and visitors but… please can I at least hold her hand? One last time?" When he saw the grimace the warden made he added, "I mean we can even do it in a way where the guards can see our hands, like keeping them on the table. We will be sitting at a table, right?"

"Yes, you will be seated at a table for your visit," the other man confirmed before pausing to consider the request made. After a moment he nodded, "Yes, and as long as you both keep your hands visible to where the guards can see them, I do not see a problem with allowing you to touch or hold hands during your visit."

Tony's eyes closed in relief, "Thank you, Warden."

The man nodded, then asked, "Is there anything else that we need to discuss or you wish to ask me?"

"Do… do you still grant things like last requests?"

"In answer to your question, I would have to say that yes we do. However Mr. Stark, you must understand that whether or not I will be able to grant the request will depend on what it is that you ask me for."

"Yeah, I kinda figured that out already. But what I want to make a request for probably isn't anything that'll seem big to you. Or, at least, I hope it won't seem like a big deal to you."

"What is your request, Mr. Stark?"

"I'd really love to have a hot shower."

"A hot shower?" the warden repeated in a baffled tone.

Tony nodded, "Yeah, I just want a hot shower, with an emphasis on the word hot."

"I know the temperature water probably is not up to the standards you are used to, Mr. Stark, but I don't think that exactly cold either."

"Problem is not exactly cold doesn't mean that it's exactly hot either. Seriously, this place has the coldest hot water I've ever used in my life."

The warden was silent for almost a minute, and then he said, "What I am about to say is not a promise in any way other than to say we will try, but the request you've made isn't too extraordinary and neither it is an extravagant one. I will consult with the guards to see about what will be needed to be done for us to be able to grant your request."

"Thank you."

"Once again, I emphasize that I am not making a promise."

"Hey, you could have outright rejected my request, right? So I want to say thank you whatever the outcome."

The other man nods, "You're welcome."

* * *

 **Rhodey sighed, leaning against the counter as he watched the last few seconds countdown on the microwave's timer. When it beeped to indicate it was finished, he grabbed a towel to put underneath the plate of leftovers he pulled from it. Grabbing the other plate from the counter, along with some utensils, he headed back into the living room.**

"It is the eve of justice being served for the thirteen NYPD officers, and their families. We are outside the federal prison where billionaire Tony Stark is awaiting execution by lethal injection for the murders he committed three months ago as Iron Man-"

Upon entering the room, and seeing what was on the screen along with the fact Pepper was staring off into space, Rhodey felt like he couldn't free his hands fast enough the remote and shut the TV off. He braced himself for the reaction he was hoping for when the screen went black but Pepper just kept staring ahead, completely unaware that he had turned the TV off.

"Pepper?" he called out softly.

"Why did you turn that off?" she asked back.

"Because you shouldn't be watching that."

"Why not? I mean it's going to happen whether or not I'm watching it. So why not?"

Rhodey sighed sadly, "Tony wouldn't want you to torture yourself. That's why not." When she didn't respond, he put the remote down on a nearby bookshelf, and carried the plates of food over. He offered her one of the plates.

"I'm not hungry," she said, blandly.

"I'm not either but we've both need to eat something anyway." He set her plate down on the coffee table in front of her then picked up one of the forks. He scooped up some food with it but waited to take the bite to see what she'd do. When she made no movements to pick up her plate, he said gently, "Pepper, you need to eat something even if it's only just a little."

But she made no movement towards the food. Instead she stared at it, and said, "He's only got a little over twenty-four hours left to live."

Rhodey closed his eyes, "Pepper…"

"I'm sorry, Jim, but I can't think about eating right now. Not when I know they'll soon be putting needles into my husband's arms and then are going to pump drugs into his veins to kill him!"

"I know," he replied gently, "I know it's hard to think about wanting to take care of yourself right now when someone you love is…" He had to stop there for a second because of the lump in his throat. But after a moment, and a several deep breaths, he continued, "I know it's hard, Pepper. Man, I know how hard it is right now but we gotta do it because Tony… he'd want us to go on with taking care of ourselves." He opened his eyes, and looked at her, "Please Pepper, I know you haven't had anything to eat all day. Can you at least try to eat a little?"

Pepper remained still for a few more seconds, than with mechanical movements, she picked up the fork, and lifted a small bite of the food to her mouth. Rhodey watched her take the bite then resumed the task of eating his own meal. They ate in complete silence with only the ticking of nearby grandfather clock keeping the unnatural quiet from completely encompassing the room.

Her plate was less than halfway finished when she set it down on the coffee table again, "I'm sorry. I can't eat anymore or I'll be sick."

"It's okay. At least you ate some."

"Yeah," she murmured, curling back into the couch.

After taking a few more bites himself, Rhodey puts down his fork, and stands up. "You're sure you're done with this?"

"Yeah."

He grabbed both of their plates, "I'll just take these to the kitchen then."

"You don't have to do that."

"It's not a problem." He leaves the room before she can say anything else, and takes care of cleaning up the small mess while he's in the kitchen.

Pepper looked at him when he came back into the room, "You know you don't have to stay with me any longer. It's been a long day, and you're probably tired. Why don't you head on back to town?"

Shaking his head, Rhodey sat back down beside her, "It has been a long day, and yes I am tired but I'm staying here tonight."

"But you need to get some rest-"

"And I'll try. I can sleep in one of the other rooms."

"Jim-"

"Pepper, you shouldn't be all alone in this house tonight. I am staying."

"But the press-"

"What about them?"

"They're going to notice if they don't see your car leave from here all night."

"So."

"You don't care what they'll imply?"

He shrugged, "Not really. Regardless whether I go back to the hotel or spend the night here they're going to talk so I might as well stay here. Right?"

"Yeah," she agreed then added in a weary voice, "I'm sorry that you got dragged into this… and for everything that's happened."

"For everything that's happened? To me you mean?" Rhodey asked, a bit confused then added, "Wait, are you talking about the fact I had to resign from the Air Force?"

Pepper nodded, "Yeah."

"Oh, Pepper," he said, "I'll tell you what I told the Secretary of the Air Force I told him that yes I loved serving my country and yes, I wanted to continue to serve it. But I also told him that Tony is my brother and I wasn't going to just abandoned him... or you when you both need me." When it looked like she was going to object, he added, "Pepper, don't you know that you're my sister too as much as Tanesha or Alyssa are? Yes, I won't lie and say that leaving the Air Force the way I did didn't make me sad or wasn't… painful, but it was something I could live with. Itt was the only choice I could make. I never could have lived with myself if I had abandoned Tony or you when they wanted me to."

"Thank you," she whispered. "I know you said choosing to side with us over your career was the only choice you could make. But… but you still gave up so much for us and well thank you for standing by us… by Tony "

"You don't have to thank me, you know that right? I'm just doing what my Mama taught me as being the right thing to do. She told me that you always stand by your family through thick or thin. No matter what happens, they are the most important thing you'll ever have in your life. And when she said family, she didn't mean just those who are your family by blood either."

"She sounds like a special lady."

"She was. She was very special and I miss her single everyday."

"I bet you do."

Silence fell over them for a moment, and then he looked over at the clock, "Hey, I know it's kinda early but you look tired so why don't we call it a night? Why don't both of us head on up to bed?" He stood up, and held out a hand to her.

Her voice is dull when she responds, "Why? What's the point?"

"You need the sleep. We both do. Come on," he replied.

She stared at his hand, "I won't be able to sleep."

"Just lay down and rest then."

"I… I don't know if I can even do that."

"I think it's probably a good idea for you to at least try because even if you don't actually fall asleep because uh, you really do need the rest."

"I guess you're right," Pepper said before she took his hand and got up.

In total silence they went upstairs together, turning out lights as they went. Rhodey only lets go of her hand when they're standing outside of the her bedroom door where he tells her, "Don't hesitate to call me if you need anything, and I mean anything. Okay?"

"Okay," she agrees quietly.

He kisses her on the forehead, and turns around to take the bedroom right across from hers. Before he goes inside, he turns around to say to her, "By the way, I define anything to include if the quiet gets to be too much for you, and you just need someone to sit with you. If that happens, come get me?"

Pepper nods, "Yeah, okay."

"Promise?"

She nods, and closes her door.

Rhodey stares at the door for a long second, and he starts to close his own door, then decides to leave it open instead.

* * *

 **It felt like Rhodey had just closed his eyes for literally a second when an agonized scream pierced through the veil of slumber. In a flash, he was out of bed and across the hallway, stopping at Pepper's closed door. He had just raised his hand to knock on her door when he heard the muffled sound of her retching from the other side. Instead of knocking he cracked the door open, and called out, "Pepper? It's me! I'm coming in okay?" Since he didn't wait for her to acknowledge him, he opened the door up slowly.**

Pepper was down on the bathroom floor in front of the toilet, clutching the porcelain as her stomach rebelled against her. She was too busy being sick so she didn't notice his entrance until he was standing beside her and holding her hair back for her. Since she hadn't had much to eat that day, it didn't take long for her stomach to completely empty itself out, and the dry heaves began .

Once the dry heaves passed Rhodey released her hair, knelt down beside her and began rubbing her back, "Breathe in deeply. Come on and copy me." He took a deep couple of breaths, and was relieved when she started doing the same. Thankfully her stomach stopped heaving, and she was able to sit back against the wall of the bathroom while he stood up to get her some water to drink from the tap.

Pepper's voice was quiet, and exhausted when she took the cup from him, "Thank you."

Rhodey nodded, and sat back down on the floor closeby, "Can you… or do you want to tell me what brought this on?"

She shrugged.

"Hmm," he said, thinking, "Pepper, did you have a bad dream?" When she started crying, and shaking like a leaf, he had his answer. He wanted to hug her but because they were sitting on the floor in the bathroom, there was very little space. So instead he wrapped his arm around her shoulders, and she responded the way he hoped she would by resting her head on his shoulder.

"So you want to talk about it? Your dream I mean?" he asked after she begins to calm down.

She was quiet for so long that Rhodey was taking that no was her answer, so he just decided to hold her as long as she might need, and let go when she pulled away.

"I… dreamed about it," Pepper whispered.

Rhodey didn't have to ask what it was, and he didn't know how to respond to her. He was surprised to hear himself actually asking, "You did?"

She nodded, "I saw him die, Jim, and it... it was…" Her voice breaks, and she takes a deep breath, "They didn't do it right… he was awake for it!" She started crying again, "Oh my… he was awake while they were killing him!" She sobbed biting out the words, "He was screaming because he was awake and because the drugs were burning him from the inside out and… and they wouldn't stop it! They just kept pumping the drugs into him! He didn't stop screaming until he died!"

Hearing the agony in her voice, and hearing her cry made him react out of pure instinctual need to console her. He pressed a gentle kiss on the side of her head, and he held her a little more tightly, "It was only a dream, Pepper. He's not going to die that way! He's not going to die at all! Not right now! Tony's going to live long enough to grow old with you, Pepper, and he's going to be there to help you to totally spoil your grandkids rotten!"

Pepper lifted her head, and looks him in the eyes, "I want you to be right. I really want to have hope for what you're saying to be true because… I don't know what I am going to do without him in my life anymore if they… kill him tonight."


	17. Chapter 17

On the eve of his execution, Tony spent most of the night awake, sleeping in snatches that lasted half an hour here and there until he finally passed out exhausted at around four in the morning. The guards awakened him a little before seven to tell him that Pepper had arrived at the prison, and was being cleared by security now.

" _Hey, Stark! Your wife's here!"_ To help finish with waking up, he went over to the cell's small sink to splash some cold water on his face.

The guards watched his movements in the cell, and once they were certain he was ready for them, they approached the cell with the shackles and leg chains at the ready . Familiar with the routine by now, Tony held out his wrists to allow the guard to close the handcuffs around them while another secured the restraints around his waist. He then stood still as another guard secured the manacles around his ankles.

Once the restraints were secured, Tony allowed them to lead him from his cell, and down a corridor, past the death chamber, to another part of the death row housing where the conference room he'd met with his lawyers many times was located. This time the walk was a slow, laborious one since he still hadn't quite gotten the knack for how to walk with the leg shackles on. The good news was, he supposed, that after today it wouldn't really be an issue for him.

When they finally arrived at the conference room, he was disappointed to see that Pepper wasn't already there. He was so distracted by her initial absence that he didn't hear the order that one of the guards had given him. Tony finally looked at the man when the guard snapped his fingers in front of his eyes.

"Wake up, Stark!" The guard pointed to one of the chairs. "Take a seat. Your wife will be here as soon as she makes it through security."

"Sorry."

Tony compiled to the guard's order without any further comment. Once he was seated, and the guards had secured him to the table, he looked back to the door he knew Pepper would be coming through when they escorted her into the room. He was only half listening as the guard began laying down the rules for his visit with Pepper.

The guard rambled, finally snapping his fingers again when it became obvious to him that Tony was only half listening. "Did you hear what I said?"

"Yes, I heard you."

The guard frowned, "I hope so, Stark because you'll only get one warning for breaking any of the rules I just told you. A second violation will bring your visit to an end. Is that understood?"

"Yes, I understand you."

The door opened at that moment and in an instant, Tony's eyes met Pepper's red, puffy, and tear filled ones. Tony's eyes hungrily drank in the sight of his beautiful wife, like a man who had been lost in the desert drank greedily from an he realized what he was doing, he stood up, her name softly escaping his lips.

Suddenly the brute of a guard who had escorted her to the room stood between them, and the guard who had just admonished Tony with the rules for the meeting put his hand on Tony's shoulder, his voice harsh when he said, "Sit back down _now_!"

Tony nodded, immediately did as he was told, and even gave the guard a soft, "Yes, sir."

"That was your one and only warning, Stark," the guard said as he nodded to the brute.

As the brute cleared Tony's line of vision of Pepper by moving out of his way, Tony swore that he saw her give his guard the same look that she would give to any board member who was stupid enough to cross her. He held his breath when it became clear that the guard was boldly holding her gaze, as though he were daring her to say something, anything to give him the excuse to call off their visit. They glared at each other for such a long enough of time that Tony finally did the only thing he could think of to prevent her from lashing out at the guard and end their visit prematurely.

"Pepper," he called out softly and immediately relieved when her eyes turned back to him.

When her eyes turned back to him, immediately her indignation at the guard was forgotten and she crossed the room to him. She had started to walk around the table that would still separate them if she sat down on the side of the room she was currently on, and was halted abruptly by the guard who had given Tony the warning.

The guard held up his hand, and said surprisingly not unkindly, "I'm sorry, ma'am, but you'll have to stay on that side of the table."

Pepper nodded and then hurried to the chair directly across from her husband where she sat down.

"Hello, Gorgeous," Tony said as his fingers closed around hers, his eyes filled with longing to do more than just hold her hands. He leaned over the table to be as close to her as she could be, thankful that it wasn't a very wide one.

Pepper valiantly fought her tears, and once she had pulled one of her hands-free from his, reached across the space dividing them to tenderly stroke his cheek, she lost the battle, "Hello, Handsome."

For a half a moment Tony held his breath as he waited for the guards to force Pepper to stop touching his face, and sighed in contented relief when they didn't. He closed his eyes, leaning into her touch. ike a bone dry desert absorbs in every drop of moisture from its annual rainfall, he soaked in every ounce of the love she was conveying in her caress. After a long moment, he turned his head enough to where he could kiss the palm of her hand softly saying, "I've missed you so much, Pepper. Oh, how I've missed you!"

"I've missed you too," she said softly in reply, her voice cracking. "Tony, I…"

Tony opened his eyes, then watched as she covered her eyes with her hand, and her shoulders began to shake with the sobs she was trying to hold back. Tony instinctively tried to reach out to her and swore under his breath when the chains around his wrist stopped him. He tightened his hold on her hand, fighting back his own tears as he watched her fall to pieces.

"Oh, don't cry, Pepper," he said gently, his voice cracking as he added, "Oh please don't cry, honey."

"I'm sorry… I-I-I can't… can't help it!" she said, quietly sobbing, "Not.. when I… think about… h-h-h-how they are… going to _kill_ you tonight!"

For the next few minutes Tony was helpless to do anything but watch as his wife cried her broken heart out, and in doing so lost his own battle to keep from crying. As her grief played itself out in front of his eyes, he had never felt so helpless in all of his life as the only thing he could do to bring her any comfort was to run his thumb over her knuckles and speak quiet words of love.

Finally, a break in the flood came when one of the guards came over to them, and offered Pepper a box of tissues to wipe her nose with instead of on her sleeve as she had been doing. Tony looked into the softened eyes of the hard-nosed guard who had told him he had just used up his one warning and gave the man a grateful nod. He returned his attention back to his wife as Pepper noisily blew her nose.

"Pep, honey, listen to me," he said as gently as he could. "Are you listening? I really need you to listen."

Pepper nodded that she was.

He took a deep breath, "I know what I'm about to ask is a hard one, but let's try to put out of ours minds what is going to happen tonight. Can you do that for me?"

She took in several shuddering breaths then said, "Okay… I'll… I'll try."

He squeezed her hand, and smiled, "That's my girl." He began rubbing his thumb over the back of her hand again, saying, "Come on, let's talk."

Pepper sniffled, and after wiping her eyes, she looked at him, her voice a little on the hoarse side as she asked, "What do you want to talk about?"

"Us, our life together. Everything."

Her eyes went wide in surprise but before she could make a response, one of the guards came over with two cold bottles of water.

"Thank you," he said to the man.

Tony then watched Pepper take a sip of the water before attempting to drink some of his own. It wasn't easy with his hands being chained to the table but he could just manage to get the bottle to his lips.

"But I thought that you once said that you had been called many things but nostalgic wasn't one of them," she said as she watched him.

"I said that?"

"Yes."

"Well, I'm sure when I said it, I meant it... probably because I hadn't had a reason to have ever been nostalgic at that time. Not with all the mostly crappy memories I had had up until that point of my life." Thoughts of his parents flashed through his head just then, and he firmly pushed them aside. "But thanks to you, I finally found a reason, something I to want to be nostalgic about."

"So, where should we begin?" Pepper asked, sniffling.

"How about at the beginning?"

"Okay," she said, clearly uncertain about going back that far, and so she waited to let him lead the conversation.

"I can remember everything about the first time I saw you... that day you came to my office to point to me that I had made a mistake, a _impossible_ mistake mind you-"

"But a mistake that _you_ made nonetheless!" she put in.

Tony nodded his agreement, then continued, "In the numbers in the company's totals for the next year! If I try hard enough I think I can still hear the commotion you were making to get into my office!"

"The only reason I had to make such a _commotion_ as you call it was because Happy wouldn't let me into the actual door."

"A commotion that included not only threatening Happy with _pepper_ spray but using it when he still would not let you into my office!' Tony said, laughing a little at the memory.

"I did _not_ use it on him!" she said, smiling a little herself.

"Yes, you did, Pep!"

"I did _not_! I accidently set it off!"

"Uh huh! Sure!"

"I've told you a hundred times that I had never really ever used it before, and the trigger on it was more sensitive than I realized!" Pepper said, giving him a mock glare that only made him laugh harder.

"You keep telling yourself that, honey!" Tony retorted, remembering Happy doubled over coughing from inhaling the bit she had sprayed.

Before she realized what she was doing, Pepper reached out to playfully swat his arm, which resulted to them being called back to the harsh nightmare they were trapped in as the Hulk's twin immediately stepped up to the table saying, "Sit back please, ma'am."

Pepper immediately obeyed the order, "I'm sorry, for whatever it was that I did."

He nodded, "No physical touch is allowed, ma'am, unless you can do it while keeping your hands on the surface of the table."

"I understand," she said quietly, sighing in relief when the brute backed off finally.

They stared at each other for a moment, trying to get over the fact they'd been pulled out of their memories, and back to this by the guard. Finally, Tony waved the hand Pepper had released when she had needed to blow her nose, and said, "Here, take this one too. Let's not give them any more reasons to interrupt us again."

She nodded, and immediately took his other hand in hers,

"So," Tony began, "Where were we?"


	18. Chapter 18

_Buzz! Buzz! Buzz!_

Tanesha felt the vibration in her pants pocket, but didn't stop humming the soft lullaby while she fished out her phone from her pocket. Holding it up so she could read the screen, she saw that she did indeed have a text message like she had suspected.

 **Hey, are you busy? - Received 9:43am**

It was actually more awkward to type out a reply while still trying to hold onto the phone while keeping the small bundle in her arms, but she eventually managed it.

 **I'm not ever too busy for u. Need to talk? - Sent 9:47am**

 **Yeah, I do. - Received 9:47am**

 **That is if you can. - Received 9:48am**

Reading the last message she sighed, and muttered, "Of course I can. I wouldn't have said it otherwise." Her reply on the phone was delayed momentarily when the little one in her arms stirred a little. She immediately put her phone down and rubbed the small back in an effort to keep the baby girl from waking up completely.

"Sorry about that, sweetie, but your Uncle James has decided to go completely silly on Granna!" she said softly, continuing to run until she felt the little body relax against her. Only when she was sure the baby wasn't going to wake up any further did she pick up her phone again to answer.

 **I can talk. Give me five minutes & I'll call. Okay? - Sent 9:54am**

 **Okay. - Sent 9:55am**

She pocketed the phone, and went back to rubbing the baby's back for a few minutes. Once she was definitely down for the count, she carefully laid the little one down in her crib, watching her a moment, and then tip toed her way out of the nursery. She closed the door part of the way, retrieved her phone out of her pocket, and scrolled down her contacts list for her brother's name.

"Jamie?" she asked when the line picked up after the second ring but he didn't immediately say anything.

"Yeah, hey."

Walking out into the main part of the house, she went to the living room to sit down on the couch. She had heard his weariness in the two words he had spoken. She knew what day it was, and decided beforehand that if he needed her, she'd make time for her brother no matter what.

It was without a doubt a stupid question but she asked it anyway, "So how are you?"

"I'm... wait, what were you doing when I texted you? Did I interrupt something important? You're not at work are you?

"Now before I answer that, I'm telling you now don't you dare hang up on me, James Rhodes, because while what I'm doing is important, it's not so important neither is it so urgent that I can't talk to my brother for awhile. Got it?"

"Yeah, got it."

"Now if you must know, I have today off, and I'm keeping Kinsley at my house today. Poor baby's got a little cold, and the daycare Ree usually puts her in won't take her because of it."

"Oh, I won't keep you then. Not if you've got a sick grandchild there to look after."

"Now what did I just say to you, James? I can talk awhile! I just finished with getting Kins fed, changed, and she's going to be down for a little while in her room. So I've got time to talk right now."

"Are you sure? I mean I understand if-"

Tanesha sighed, shaking her head, then replied without any annoyance or impatience in her voice, "I wouldn't have said all that if I wasn't sure, James. Now please, stop being silly, hmm? I know _what_ day it is and I can only imagine,how if I were in your place I'd need someone to talk to right now although..."

"Although what?"

"I'm kinda surprised to be hearing from you right now at this time. I mean I thought you'd be there visiting him." She didn't need to say the words _For the last time..._ since they were already hanging heavily in the atmosphere.

"Well, I would be there right now if he had asked to see me today. He didn't. He only wanted to see Pepper, and that's... that's okay."

He sounded like he was trying to convince himself of this and so his sister asked, "Can you, Jim-Jim?" She could almost imagine the cringe on his face from her using one of the old childhood nickname she'd given him. That is until his voice the phone dispelled the mental image.

"Yeah, I can. Tony and I... well we already said our goodbyes, and I... I know he needs this. They _need_ this... this time together in the same room."

 _In the same room?_ Tanesha thought but didn't ask, and as it turns out there was no need since he explained it.

"Yeah see any other time Tony had a visitor before today, they'd put him in the visiting area which has a wall of glass between him and whoever his visitor was. At least, that's how it was when I visited him, and I bet that's how it's been whenever Pepper went to see him before today."

"So they could see and hear each other but wouldn't be able to touch or anything?"

"Yeah."

"That's... awful! Were they afraid he'd hurt her... or you if they let you be in the actual same room with him?"

He sighed, "I don't know if that's what they were afraid of but I'd guess it's probably their procedures. After all, Tony is a convicted murderer who's been condemned to death."

"It still doesn't make it right," she replied.

"Or fair… and please _do not_ quote Mom's favorite saying about how life's not fair because I'm just not in the mood to hear it right now."

"Yeah, I figured so I wasn't going to say it."

"Thank you."

A minute passed where neither one of them said anything, and then his sister asked, "So what are you going to do today? Not watch the news I hope!"

"No, I'm not going to watch the news today... not after I turned it off last night to keep Pepper from torturing herself with it."

 _Poor woman._ Tanesha could just imagine what horrible things she had heard said on the news about her husband. If she hadn't been able to take listening to them say such horrible things about Tony…

James was right to refer to it as being torture.

"Good, I'm glad you're not," Tanesha said, then asked, "Where are you at right now? Are you still at the rental house or are you out somewhere?"

"I'm at the house."

"Are you alone?"

"Well, if you count the fact Happy... uh Pepper's security man and bodyguard is currently in the guest house instead of being in the same one as me as being alone... or if you don't count the gaggle of reporters that I'm sure are waiting outside the gates of the community for me to show my face, then yes I am _alone_."

"So are you just going to sit there?"

He rubbed his eyes, "Well I don't have much else to do if I don't watch TV or turn on the radio."

"Why not take a trip into the town there? Eat lunch out somewhere?"

"Because again there are reporters camped out. I might not be Pepper, but they'll still want me to talk about how I feel about this since the best friend of the man who is supposed to die tonight." He laughed without mirth, "I think to get away from them I'd have to drive to four or five towns away."

"So do that."

"What?"

"I think you heard me."

"I… I don't know if that's a good idea, Nesh."

"Why isn't it a good idea?"

"Because I don't want to stray too far from Pepper. I think I should be here when she gets back."

"James, do you know how long they're allowing her to stay at the prison with Tony?"

"Yeah, the warden actually called her last night and told Pepper they'd allow her to visit with Tony until four o'clock this afternoon."

"And what time is it now?"

"it's just after ten but-"

"But nothing! James, I know that you probably promised Tony that you'd be there for Pepper. But honey, you need to take care of yourself too. You might, and I hope that this won't turn out to be true, you might be facing some very hard days if... if things don't go the way we're all hoping they will."

She paused, hearing him sigh, and waited a second before going on, "Now I know the reporters make it hard to get out right now, but please will you just try? Just try to get out for a few hours and go somewhere away from all that?"

"I.. I don't know, Nesh. I just don't know."

"Please James, if not for you then how about for your big sister who's worried about her little brother right now?"

Rhodey sighed again, "You do know what you're asking me to do is probably going to be next door to impossible, right?"

"Yeah, but be please honest with me, James. You don't really need to stay in that house all day by yourself where you're just going to sit and think about what's supposed to happen tonight, now do you?"

"What's the difference, sis? I mean leaving this house doesn't mean that I won't still be thinking about it."

"Well, at least this way you'll be out in the fresh air while you're doing your thinking."

"Fresh air?"

"Yes sir, fresh air, because I think you need to go find you a park somewhere, and feed the ducks."

"Nesh, I think the ducks have already started to leave for the winter."

"Feed some pigeons then! Point is, you need to spend some time outside!"

"Even if there's rain in the forecast?"

It was her turn to sigh, "James..."

"Okay, I'm only kidding about the rain. It's not in the forecast today as far as I've heard, except there might be some at nighttime."

Of course there would be. Someone was going to die tonight. Rain was perfect weather and what you'd expect for an execution.

"So you can go then."

"Looks like."

"So are you?"

"You're not going to let this go are you?"

"No, because I think it'd be a really good idea for you to try to get away from this for just a little while today."

"Okay, okay, I'll go out for awhile today."

"Promise?"

"Nesh."

"Jamie."

He could hear the smile in her voice and he shook his head. He knew she really was worried about him. He smiled and hoped she could hear it in his voice when he said, "You're really pushy you know?"

"Hey, I'll do or use whatever tactic it takes for my brother to get up off his six and do something good for himself!"

He had been about to retort when he heard a baby crying faintly in the background, "Kinsley's up."

"Yeah, poor little thing! The cold she's got isn't serious but I can tell she's feeling rotten."

"I bet she is."

"Well, I better go before she gets herself too worked up. I love you, Jamie. You know that right?"

"Yeah, I do. I love you too."

"You know that all my hopes and prayers are with Tony, and you know you can call me if you need me, right?"

"Yeah."

The sound of the baby got louder, and he knew she must be just outside the nursery.

"I gotta go, Jim-Jim."

"Okay, I love you, sis."

"Love you too. Bye."


	19. Chapter 19

_"Pepper, I take you to be my lawfully wedded wife. Before these witnesses I vow to love you and care for you as long as we both shall live. I take you with all of your faults and your strengths as I offer myself to you with, all of my faults…" Tony paused, waiting for the reaction he knew was sure to come from the small gathering. But other than a sudden chorus of suspicious, fake coughing, there was no disruption._

 _Taking a deep breath he continued, "God only knows just how many faults that I actually have because I stopped counting them a long time ago - and if there are any to be found, I offer you my strengths. I will help you when you need help, and I will turn to you when I need help. I choose you as the person with whom I will spend the rest of my life with."_

 _When he had finished speaking, the judge turned to Pepper, and was about to tell her to go ahead when Tony interrupted her, "Wait, there's one more thing I'd like to say."_

" _Go ahead."_

 _Locking gazes again with the woman he loved, and with his voice heavy with emotion that he had a hard time beginning. Finally he had to take a deep breath before asking, "You why I call you 'My Pepper'?"_

 _Pepper was trying so hard not to cry, she when she answered her voice was so soft that she was nearly inaudible, "No, why?"_

" _I call you 'My Pepper' because you are my everything. You are my light, and you've shown me more love than I've ever known for any other source.."_

" _Oh, Tony…"_

" _I love you, and I still can't believe that you consented to be my bride."_

 _With those tender words of love from her soon to be husband, a flood of tears streamed down Pepper's face, and she released one of his hands to wipe the tears from her face. However it soon became clear that it was a lost cause as the tears kept flowing, and she had not thought to bring either a handkerchief or any tissue to wipe with. Tony had been about to rescue her when Natasha handed her the former, before turning around to silence her own significant other with a glare since Clint had begun muttering a few words of mocking commentary under his breath._

" _Sorry," Pepper apologized as her tears renewed themselves every time her eyes met Tony's._

 _The judge smiled patiently, and she said, "That's perfectly alright. Take your time, and we'll continue when you're ready."_

 _It took a few more minutes, and several deep breaths, but Pepper finally gained enough control of her tears to begin speaking her own vows to the man she loved, "Tony, I take you to be my lawfully wedded husband. Before these witnesses I vow to love you and care for you as long as we both shall live. I take you with all of your faults and your strengths as I offer myself to you with all of my own faults because you are far from being the only one with them you know! God only knows that I'm not anywhere near close to being perfect either, not by any stretch of the imagination!"_

" _Honey, when compared to me you are absolutely PERFECTION!" Tony interjected, flashing a wide grin at her as his remark drew some chuckles from everyone else in the room._

 _Smiling somewhat mischievously at him in return she said, "Oh you'll get no arguments from me on that one!" Her snappy retort drew outright loud, riotous laughter from everyone present but especially Clint, and to everyone's surprise, Bruce Banner._

 _Tony laughed along with everyone else, and once the noise had died down, he nodded his head, "Touche, Miss Potts, Soon-to-be-Mrs. Stark!"_

" _Only if you let me finish, Mr. Stark!" She replied with a mock glare._

" _Oooo, I can feel the burn from here, Stark!"_

" _Zip it, dodo brain!"_

 _Clint opened his mouth to retaliate when the judge looked down at her watch, "As delightful as you and your guest's repartee has been, Mr. Stark, I do have another marriage ceremony to perform in about an hour so…"_

" _So save our attempt at wit for the next time the Avengers assemble?"_

" _That would be lovely if you would do so, gentlemen," the judge said, looking at Pepper._

 _After a not from the judge, Pepper continued from the point she had left off, "For whatever it's worth I offer everything I am to you, all my strengths and faults, along with my undying love. I promise to help you when you need help, and I will turn to you when I need help. I choose you as the person with whom I will spend the rest of my life with."_

000

Tony smiled, a wistful twinkle in his eye as he sighed, "That was one of the happiest, most wonderful days of my life."

"Oh? You've had more than one happiest, wonderful days in your life?" Pepper asked, raising an eyebrow.

Tony nodded, "Yeah, I do. I think they were also probably some of the happiest, most days of your life too. Granted they were probably more traumatic, and definitely more painful for you, but I think they were days you wouldn't trade anything for."

"The birth of our children," she said softly, and he nodded, "You're right they were a lot more painful for me than they were for you. But there isn't anything I'd trade our son or daughter for. I wouldn't even trade them for a chance to relive those days without the agony I went through with labor!"

"You hurting is the only thing I _hate_ about those days," Tony mused.

"No, you shouldn't hate anything about those days. Not even the pain I went through. If I had to I'd go through it again, I wouldn't hesitate, because our children are worth it."

"I wish I could kiss you right now."

"I know, so do I."

Tony stared into her eyes for a long moment, then his eyes dropped to their joined hands. He began rubbing his thumbs more over her hands, and released a sad sigh, "I'm never going to see them again."

"Tony…"

"I know I should not have said that but it's true. I won't ever see them again." Tears now moistened his eyes as he thought out loud, "Will Eva even remember me? She's so little right now."

As his thought sank further into his heart, the dam holding back Tony's tears began to crack. One tears escaped, and he wiped at it as best he could. He then made the mistake of looking up at his wife. The pain he saw in Pepper's eyes, was so raw, so exquisite that when it was combined along with the thoughts never being in his children's lives again made the dam break wide open. His shoulders began to shake as the tears fell, and his head dropped onto the table in front of them.

Pepper had to fight to keep from sobbing, screaming out her anguish as Tony tried to keep from sobbing.. Finally when she could take in enough breath to speak, she pleaded in a hoarse voice, "Don't cry, Tony. Please don't!"

He looked up at her, "I… can't help it, Pep. I… c-can almost imagine how beautiful Eva is going to be when she gets married. I can see the look on Ethan's face the first time he… he becomes a daddy. And… and I'm not going to be there for any of it!" e's sobbing now. So is Pepper, because she wants to wrap him up in her arms, and the agony of not being able to do so is unbearable.

As the sobs continued to wrack Tony's frame, and with her own pain reaching levels to where it feels likes she's having a heart attack, her eyes drifted over to where the guards had been watching them from. She knew it would impossible for them to do what she was about to ask of them, but she asked anyway.

"Please," she began, pouring every ounce of her pain into that word, "Please let me hold him."

The guards only stared at her.

"Please, I know it's against your rules but I'm… I'm begging you. Please let me just hold him for a little while."

The Hulk's twin broke eye contact first, and turned away towards the wall behind him. The other guard in the meantime made eye contact with Pepper, gave her an almost imperceptible nod, and then he also turned his face towards the wall.

Once their backs were completely towards them, Pepper wasted no time hurrying around the table that separated them, and wrapped her arms around the trembling form of her husband. She immediately felt him stiffen against her, and he tried to pull away from her.

"No, Pepper! They're going to make you leave!" he said in a panicked, fearful tone. His eyes darted to the direction of the guards, "Please, honey, go sit back down before they see you!"

Pepper held him against her with all her strength, and murmured quietly in his ear, "It's okay, Tony. They're letting me do this. For whatever reason they're allowing this… so everything is okay." She began running her fingers through his hair, and whispered in his ear, "It's okay, Tony. I'm here. I love you." Little by little she felt him relax against her, and eventually his sobs subsided.

"I'm sorry," he said against her, his voice raw.

"For what?"

"For… for not being strong."

Tears ran down Pepper's face at hearing him say this, "Oh Tony… don't think that this breakdown means that you've not been strong, because you have been."

Tony sniffled, and shook his head, "No, I haven't. I just been barely holding it together, and now when it's only a few hours away… I lose it."

She closed her eyes for a few moments, holding him tighter than ever, "Oh baby, feeling the way you do… grieving… being _afraid_ does not mean that you're weak. You've kept it together better and longer than some other people would be able to."

He didn't really agree with what she said, but Tony found that he didn't have the strength to argue with her any further. Instead he sighed, and pressed himself into her arms as far as his restraints allowed, he quietly said, "Being held again by you feels like heaven." He sighed again, "I wish I was able to do the same because I'd really like to hold you right now."

When she felt him tugging a little against the restraints, Pepper cast a quick look towards the guards, and then said murmured, "Tony, don't. I know you want to be able to hold me but it's not possible right now."

"It's not right."

"No, it's not. It's wrong on so many levels," she agreed, "But at least we have _this_ , and it's a gift… one I did not expect to have because of what they told me before I came in here today."

Tony nodded, and as her words sank in, he allowed himself to relax in her arms. They had been given a gift, one they needed to cherish for as long as the guards allowed them to have it.

He sighed, "I love you."

Kissing his head, she replied, "I love you too."


	20. Chapter 20

After hanging up with his sister, Rhodey checked his phone to see how much of a charge his battery still had left on it. It was just over ninety percent so he knew he had more than enough for a trip out and back. Using the house phone he dialed the number for the guest house where Happy was staying.

"Hello?"

"Happy?"

"Yeah? Something wrong?"

"No, everything's okay here. Did I wake you?"

"Yeah, I didn't sleep all that great last night. You know with everything that's going on?"

"I know exactly what you mean. Listen, I just called to tell you that I'm going out for a few hours. I'll be back before Pepper comes back."

"Mind if I ask where you're going?"

"No, not at all. Actually I don't know where I'm going. I'm just want to take a drive, try to get away from this for a little while before... whatever is going to happen tonight happens."

"You need a break. I get it. But you know they'll follow you, right?" Of course he didn't have to specify who they were by name.

"Yeah, I know. They probably will."

"So do you think going for a drive is such a good idea?"

Rhodey sighed, "Probably not but I don't think I can take staying here all day and then have to deal with tonight too."

Happy was quiet a moment, then said, "Okay, I understand. Do you want me to come with you?"

"No, you should probably stay here in case something happens and Pepper needs you to come early. Besides, no offense, I really just want to be alone right now."

"None taken. Just be careful, okay?"

"I will."

"Alright then. I'll see you later."

"Yeah, see you later. Bye."

After only taking three minutes to grab a jacket, and to make sure he had some money with him, Rhodey was out the door. Once outside he quickly got into his car, not bothering to look in the direction he knew where some of the reporters surely were, and exited through the community gates.

He expected some of the cars belonging to the news teams to follow him once he was outside the protection of the gates. They didn't disappoint either because when he looked into the rear view mirror he saw at least four of their cars following him.

Rhodey rolled his eyes at them, more annoyed than troubled by the fact they were following him. It was okay if they followed him for a little while though because he knew they'd lose interest sooner or later and turn back once they figured out that he was headed out of town instead of the prison. Sure enough he saw them one by one give up the further they got from town. Stil it was a relief when he saw the glare of the last one turning around in the rear view.

"Finally," he muttered as the back of their car disappears from sight, "Now I can figure out where I want to go."

He continued to drive down the same road until he reached an intersection . There was a sign that listed four different town names with arrows pointing in their direction. He probably would have taken longer to decide what direction he wanted to head in but for the impatient driver in the car behind him. The impatient jerk blew their horn in a series of honks, he picked a direction, and turned towards the town on the right.

His drive wasn't a long one, only about twenty minutes in fact. The town, Hayseed as it was called, was a tiny one at that. When he entered the town's limits it didn't take Rhodey an enormous amount of time to realize that he was on the main street, and it wasn't a very long one either. It consisted of a few shops, post office, town hall slash courthouse, and a diner.

Since the diner appeared to be this town's only restaurant choice, Rhodey thought about just waiting to grab a bite, in whatever laid beyond this town. But since he didn't know how far away the next town might be, he quickly decided against it. He wanted to stay as close as he possibly could so he wouldn't have a long drive when it almost time to pick Pepper up from the prison.

Besides, Hayseed seemed like a nice, quiet little town where a guy could take in the "fresh air" his big sister was so insistent about him needing.

So he parked his car not too far from the diner, and got out to walk to it, hoping all the way to the tiny, silvery building that they wouldn't have a TV playing when he walked in.

Thankfully the first sound that greeted his ears as he stepped inside wasn't the white noise of a TV blaring, but rather was the voice of some country western artist he didn't recognize crooning on about the injustices of his life or whatever.

"Welcome to Georgina's Diner!" said an older woman who reminded Rhodey of his grandmother, from behind the counter.

He nodded, "Thank you."

"Just sit down anywhere you'd like, honey. I'll be right with you in a jiffy!"

He nodded again, looked around at the available seating choices, and picked a booth that was the farthest away from other people as he could get. The woman from behind counter came over, and placed a menu on the table. A quick glance at her name tag let him know her name was Edna.

"Hello, how you doing this afternoon, sugar?"

Oh yeah, she _definitely_ reminded him of his grandmother.

"I wish I could say I'm doing great but the truth is I've had better mornings," Rhodey replied, looking over the menu.

"Oh, I'm sorry to hear that!"

"Thanks."

"You're not from around here, are you?"

"No, I'm not."

"Just passin' through?"

"Yeah, you could say that."

"Well why don't I take your drink order and give you a moment to look over the menu?"

"Water is fine."

"Alright then. I'll just go get that and be back in a moment to take your order," she said, turning to leave.

"Oh wait!"

"Yes?"

"Do you have any kind of specials?"

Edna nodded, "Yes, as a matter of fact we do. We have a country fried steak with mashed potatoes, gravy, side of green beans, and homemade biscuits. Should I put you down for that?"

Rhodey thought about it for a second, and shook his head, "No, thanks but it sounds a little too heavy for me today. I'm actually looking to do something a little lighter... well actually lighter isn't the right word. See, I'm not really all that hungry but I promised someone that I'd try to eat anyway."

"If you're not really all that hungry, then how about a half portion of the special then, darling?"

"You can do that?"

"Sure we can, honey!"

"Well, okay then! I'll take a half portion of the special then please."

Edna wrote it down, "Okay, I'll get this in and be right back with your water."

"Thank you."

"No problem, honey."

Fifty minutes later, Rhodey sighed as he sat down on a bench in front of a small pond that, surprisingly, had about a dozen ducks swimming around in it. When he went to pay for his lunch, he had asked Edna about any nearby parks and gotten directions to the one he was now sitting in.

 _With enough money to cover his bill, Rhodey had been about to get up to go over to the register when Edna appeared with her hand extended._

 _"I'll take that over for you, honey."_

 _He shook his head, "No, it's okay. I'm about to leave anyway." Then to his surprise, she snatched the ticket with his money out of his hand, and was headed to the register before he could say another word._

 _He stared after her, shaking his head, but sitting back to wait for her to return. She was back a moment later laying his change down on the table along with a small white takeout box._

 _"What's this?" Rhodey asked, pointing at the box before he picked up his money._

 _"Oh, that's a to go piece of our homemade cherry pie!"_

 _"Huh? What? I didn't order a piece of pie!" He picked up the box to hand to her._

 _Edna held up her hands, and shook her head, indicating she wouldn't take it back, "No, no, sugar, you keep that. I think a little pie would do you some good."_

 _He tried to give it back to her, and when she still wouldn't take it, he asked, "Why? Why would you think I need it?"_

 _"Because, sweetie, there's obviously something weighing you down and got you sad. A piece of cherry pie might not solve whatever your problem is in the long run, but maybe in the short term it'll put a real smile on your face?"_

 _Rhodey sighed, looking at the box, and then pulled a couple of dollars out of the pile of change in his hand, "Here, this should probably cover the cost for the pie?"_

 _Edna backed away, shaking her head, "Oh, honey, I can't take that!"_

 _"Why not?"_

 _"'Cause, it's on the house!"_

If it hadn't been for two locals who were obviously talking about Tony coming into the diner right then, Rhodey knew he would have stayed longer to argue the point with her. But they had, were talking loudly and from the few words he heard of their conversation he knew he didn't want to stay to hear the rest because wouldn't be able to keep from setting them straight if he did.

He wasn't sure how long he sat on the bench with his gaze alternating between watching the ducks in the pond. staring at the white box with the cherry pie, and trying not to think about how he was going to have to watch his best friend die by lethal injection tonight.

Rhodey was still lost in his memories and thoughts when a young voice said, "Hello."

He snapped out of his reverie, and looked over to the other side of the bench where a boy around his godson's age had seated himself. The kid had sandy blonde hair, green eyes, and what looked like braces on his teeth.

He nodded at the kid and said, "Hello."

"My name's Weston but most everyone calls me Wes. What's yours?" He puts out his hand for a shake.

He gives boy a wary look before taking his hand and saying, "James... and say I don't mean to sound mean or anything but hasn't your mom or dad ever told you that talking to strangers isn't a good idea?"

"Actually you're not really a stranger."

"I'm not?"

"Nope, I already know who you are."

"Oh, you do?" he replied, and when Weston nodded he asked, "Okay, who am I?"

"You're War Machine," the kid replied, his voice almost a whisper when he said the last part.

Rhodey knew he could lie to the kid, and tell him he was wrong, but he knew it wouldn't be right to do that. He finally nodded, and quietly said, "Okay, you're right. I am or rather I _was_ War Machine."

"You're not any more?"

"No, I'm not?"

"How come?"

"It's... something I don't really want to talk about."

"Oh."

"Yeah," he confirmed, "Say shouldn't you be in school right now?"

Weston shakes his head, "Nuh uh, 'cause my mom home schools us."

"Us?"

"Yeah, my brother and me."

"So is your mom here too?"

"Yeah," the boy says, pointing over towards an area that had typical playground equipment and some picnic tables.

Rhodey looked over to where he was pointing and saw a woman with blonde hair seated at the table with a baby cradled in her arms. She was busy feeding the baby a bottle, and he guessed that's probably why she hadn't noticed yet that her son had wandered off. He knew she'd probably feel a little panicked when she looked up and saw that Weston wasn't there playing with his brother.

"You know, Wes, it'd probably a good idea if you go back over to where your mother, brother, and baby brother or sister are. You don't want to scare your mother do you?"

"Not really," Weston said with a shrug.

He could tell by the expression on the kid's face as well as his body language that Weston really didn't want to go back although he knew that he needed to. Turning his head back to look at the ducks, Rhodey made a quick decision, and got up.

"Come on, let's go over there so I can say hello to your mom." He picks up the box with the pie in it, and gestures for the kid to lead the way.

The young woman who is Weston's mother has just giving her daughter her bottle, and is shifting her up to her shoulder to burp her when the two of them come walking up. She gives a puzzled look first to her son, then to the man she's never seen before the look shifts to alarm.

Rhodey sees the alarm in her eyes, and decides he'd better introduce himself quickly, "Hello, ma'am, my name is James Rhodes and I'd like to thank you."

The mother is looking up at him with narrow eyes when she asked him, "For what?"

"For having such a great son. See, I was sitting over by the duck pond feeling sad about something that's going to happen to a friend... very soon, and your son Weston helped me by talking to me."

She was clearly still apprehensive, especially after she heard her son's name being spoken by an unfamiliar man. She looked over at the boy, "Well, I'm glad you were trying to help someone who was feeling sad, but you know you're not supposed to talk to strangers, Weston!"

"But he's not a stranger, Mommy!"

"He's not?"

Her son shook his head, and said enthusiastically, "No, Mommy, he's not. He's-"

"War Machine! Oh my gosh! Mommy, it's War Machine!" a boy who looked like to be about Colton's age exclaimed as he ran over from the playground's fort.

Rhodey was very grateful that they were the only people in the park since the boy had shouted loud enough for everyone else to hear if they'd been present. Before the boys' mother could react, Weston's older brother snapped to attention better than he's seen from actual soldiers, and saluted.

"Airman Louis reporting for duty, sir!"

Inwardly Rhodey smiled as he returned the boy's salute while outwardly keeping his face as serious as he would have with another member of the Air Force, and said, "At ease, Airman Louis."

The boy shifted into a parade rest stance as his mother gave Rhodey another long look, "Wait, you really _are_ , General Rhodes and War Machine aren't you?"

He nodded, "Yes, ma'am, or rather I was up until a month ago when unfortunate circumstances forced me to tender my resignation from the Air Force."

"You're not War Machine anymore?" the oldest boy said, all the excellent military decorum he had displayed up until that point gone.

For the second time that day he had to see the disappointment on a boy's face as he confirmed that he was indeed no longer War Machine. The boy had the same reaction to the news as his brother and once again Rhodey really didn't want to talk about it.

"Why don't you wanna talk about it?"

"Easton Tyler Louis!" The boy's mother chided, "Besides the fact it is none of your business _why,_ you're being very rude to someone you don't really know."

"But I do know him, Mommy! I told you-"

"Easton Tyler," the boy's mother said, giving him a stern look.

The boy gulped and fell silent.

She kept her eyes on him until she was sure her oldest wasn't going to continue to argue, she turned to Rhodey, "I'm so sorry about that, Mr. Rhodes."

"It's okay, no offense taken."

"Jessica Louis," she said, offering her hand to him.

Rhodey took it, and said, "And not to be repetitive but James Rhodes."

"Nice to meet you."

"Likewise."

"Can you stay?" Weston asked excitedly.

"Yeah, can you stay?" his brother echoed.

"Boys!" their mother said in an abashed voice, "He might have somewhere else he needs to be."

"Actually," he interjected, glancing at his watch, "I've got some time and can stay awhile."

Before Jessica could say anything her boys cheered and began firing away questions at Rhodey so fast that it was all the adults could do to keep up with them.

"Thank you for doing that," Jessica said as her two sons ran off to play, and pretend to be their favorite Avengers, "I mean they got to meet one of their heroes, and ask questions. Thank you especially for letting them ask you all of those questions about the Avengers.I know it couldn't be easy on a day like this one."

"Actually," Rhodey began as he watched Easton get charged by his little brother, "Their questions couldn't have come at a better time." He looked at her, "I've been trying not to think about what's going to happen tonight all day. Their questions were a great distraction, even the ones they asked me about Iron Man."

"Well, I'm glad they were a help to you rather than a bother."

"They were. They really were."

Silence fell over them for a few minutes, and Rhodey finally looked at his watch. "I'm going to need to be going in about fifteen minutes."

The young mother nodded, "Of course, I understand."

"Before I leave, can I ask you something, Mrs. Louis?"

"Sure."

Rhodey looked back over at the boys, and said, "They don't know what's going to happen tonight, do they?"

She shook her head, "No, they don't. I mean they know a little about what happened to the policemen in New York and they know about Mr. Stark's conviction."

"Do they know what... how Tony is supposed to be punished for it?"

Jessica sighed, looking sad, "Yes, they know he's supposed to die for what happened. But they really don't understand why the fact the authorities are going to kill Mr. Stark is anymore okay than what he supposed to have done."

"I'm not sure I understand it either, and I've always been okay with capital punishment when the crime was heinous enough."

"Funny how your perspective about a subject changes when it involves someone you know and... love, isn't it? Especially if... when they're innocent?"

He stared at her, his mouth open in surprised before he closed it, and his jaw tightened. He looked at his watch again, "I think I should get going." He swung his legs to the other side of the picnic table bench, and stood up before she could say anything.

He had started to walk off when he heard her say, "Look, I'm sorry. I shouldn't have said that."

Rhodey took three deep breaths and counted to ten before he trusted himself just enough to reply, "Look, I know you don't know Tony... at least not in anyway other than what you've heard about him from the so called the news or the tabloids.,I can tell you from personal knowledge that both of those sources have always made it a point to report every bad thing they can find about him. So, given those are the only sources you have to know anything about Tony , I guess it explains the fact you think he's guilty really isn't your fault. But..."

He paused to look back over his shoulder at her, "I think you should know that as someone who has been his friend for over thirty years, you can trust me when I tell you that he didn't do it. You can also trust the fact that if he dies tonight, then they will have killed an innocent man who didn't deserve what he got."

She looked like she wanted to apologize again, but Emma suddenly woke up in her carrier, and began crying. Jessica immediately set about attending to her daughter, and out of the corner of her eye she saw Rhodey as he started walking back in the direction of his car. She only looked up again when she heard her boys calling out to him, and then saw them starting to run in his direction.

"Easton! Weston!"

Although their mother hadn't raised her voice much, the boys halted where they were, and turned to look back at her.

"Come back here," she said, adding when her oldest shook his head and her youngest looked in the departing man's direction, " _Now_ please!"

"But Mommy," Weston whines as they walk back towards her, "we wanted to say bye!"

Jessica sighed, "I know you did, Wes, but he needed to leave. He's got something important to do in a little while and needs to get back to do it."

Both boys' shoulders' slumped in disappointment.

"But hey look at it this way... you both got to meet someone you never thought you'd get to meet, hmm? You got to meet one of the friends of the Avengers, right?"

"Yeah," her youngest said.

"Yeah, I guess so," her oldest added.

Jessica looked over in the direction she had last seen Rhodey and was relieved to see that he had disappeared from sight. Turning her attention back to her kids, she said, "Okay, your sister needs a change so we need to get going ourselves."


	21. Chapter 21

"Please don't _ever_ forget how much I loved you."

New tears welled up in Pepper's eyes when she heard him use the past tense. Taking a deep breath, she kept them at bay, and replied, "As long as you remember how much I love you, Tony Stark."

Tony broke the silence that had fallen over them for a few minutes with, "I want you to move on, Pep."

"What?" She asked, startled by the now calm acceptance in his voice as much as the words he had just spoken, "What did you just say?"

"I said that I want you to move on," he repeated gently.

This time as tears spilled over, and Pepper tightened her hold on him. She shook her head, her voice full of magnificent agony as she replied, "No Tony, I don't want anyone but you!" Her pain only increased when she felt the deep breaths he was drawing in an effort to be as strong as he thought she needed him to be.

"I know you do, baby, but I'm not… I'm not going to be here after tonight and-"

"Tony, no please don't say that!"

He sighed, "It's the truth Pep, whether we want to accept it or not, I _will_ be dead before tonight is over with."

"No, please no… I don't want to talk about this!" She touched his cheek, and turned his head so he was looking her in the eyes. "I love _you_ , Tony! There will never be anyone else that I love like I love you."

He nodded in understanding, "I know you don't want to talk about this but we need too, honey, because I need..."

Tony hesitated. "I need to know that you understand that I want you to be happy. I know it's hard to think about right now but if you do ever find someone… I want you to be able to move on, without worrying about what I would think. You deserve the best. You deserved to be loved, even if that love is given to you by someone else." He desperately wanted to hold her but he settled holding onto the blouse she was wearing. "Promise me, if you find someone... that you won't let me or the memory of us hold you back from letting yourself be loved again."

"I don't…" Pepper began, her voice trailing off as she bit back a sob. She took a few deep breaths before she continued, "I don't know if I can promise that… not when I feel like half of my heart and soul will die along with you tonight."

Tears continued their endless trail down Tony's face as he was forced to watch her agony continue to unfold before his eyes. He bent forward, and kissed her hand before saying, "I'm sorry that I'm hurting you by talking about this but I can't… I can't leave you behind knowing you may never allow yourself to find happiness or love again. The thought that you may make what we've had together as the reason to never allow someone else to love you _kills_ me."

"Please don't use that word."

"Sorry," he apologized, giving her hand another kiss, "But my point still stands, and I need to know that you're going to be okay. Please Pepper, promise me that if you find someone that you love, you won't let _us_ stop you from making a new life with them?" He looked into her eyes, his own pleading, "Please?"

Pepper looked into her husband's eyes for a long time. She wanted to scream when she saw in them such love. But it was a love tempered by heartrending pain, and she knew she could not continue to deny him this request, even if she knew that other than their children, he would be her last great love. With tears running down her face, she nodded and said quietly, "Alright… I'll won't close the door."

It wasn't an outright promise but he knew it was the best she could offer him right now, and he nodded, "Thank you."

She nodded in return, wrapping her arms around him again, glancing in the direction of the clock.

Knowing what she was doing, Tony tried to distract her, "I love you." But her eyes stayed on the clock and he could see her panic growing as a realization dawned on her. He grasped her hands, "Pep? Honey?"

"It's almost four o'clock!" she replied, her voice quavering.

"I know."

"That means that we're almost out of time."

He sighed, calmly saying, "Yeah, I know."

Pepper looked at him, anger tinting her voice as she asked, "How can you be so calm? They're going to take us away from each other forever in a few minutes!"

"I know," he replied calmly, casting the guards a glance while squeezing her hand, "But there's nothing that we can do to change that, so let's just try to make the most of the time we have left." When she hesitated he added, "Please Pep, making a scene with them won't help me now. They'll just drag one or both of us out of here, and I think that's a memory neither of us want to carry with us from this room."

"I…"

"I'd rather have the memory of feeling your arms around me again. Please hold me again… until…" He fell silent as his wife's arms encircled him, and she held him tightly against her.

For the next fifteen minutes, neither of them spoke as they were both lost in the depths of their grief. Pepper held onto him as tightly as she could, running her fingers through his hair, and kissing his head as much as she could. Tony in the meanwhile inhaled the scent of her perfume, and reveled in her touch as much as he could.

"I love you," he breathed, tears running down his face.

"I love…"

Fear shot through Tony when she didn't finish that sentence. He didn't have to ask what was wrong as her hold on him tightened even further. He then heard the voice of one of the guards.

"Ma'am, you need to come with me now so please release him, and stand up, then back away from him."

"No!" Pepper said, keep her grip tight and shaking her head.

"Ma'am…" Hulk twin said in a warning tone, "Please follow our instructions."

"Or what?"

Tony closed his eyes, and answered before the guard did, "Or they'll make you." He felt her kiss him again, and he could hear her crying. He took a deep breath, and said, "Please do what they've instructed you to do."

"I… I can't. I won't."

"Pepper," he began, hardening his tone just a little, "Please, this isn't going to help me… or us, and you need to let me go _now_."

"Please ma'am, don't force us to do this the hard way," Hulk twin injected.

Tony's heart was shredded to pieces for the millionth time since all this began as he heard her begin to sob. He breathed in, hoping to steady his voice then said, "Pepper, our time's up. Please let me go."

When the guards took a step closer, Pepper finally realized that this was a situation that they, that _she_ , could not win. Looking at the guards, she finally nodded at them, and loosened her hold on Tony. She moved as though she were about to do as they had asked, and used the second they relaxed to move Tony's face upwards. Her lips locked onto his before they realized what had happened. She kissed him with every bit of her love, sadness, grief, longing and pain and she held it until they both needed to breath.

Touching her forehead to his, Pepper breathed a hoarse, "I will love you forever, Tony. Beyond the end of time."

Tony looked into her eyes, nodded, unable to speak as she took a breath, and finally released her hold on him. He felt like his heart had been torn from his chest as he watched she stepped away, and then as she allowed the guard to escort her out of the room. His eyes stayed on the door that she walked out of the room. Another guard entered the room while Hulk twin approached him, and only Tony speaking halted his reaching to unlock the chains from the table.

"Hey, w-would you mind giving me a few before… before you take me back to my cell?"

 _**Since I, uh you know, just had to tell the woman I love goodbye forever.**_

Hulk had been about to turn the key in the lock, stopped long enough to meet his prisoner's eyes, and could see in the billionaire's eyes the part Tony of his request that he hasn't spoken out loud. He looked over at the other guard before he nodded, and dropped the chain.

"Sure, we'll give you a few to get yourself together," he said, before moving over to stand with the other guard on the other side of the table.

As the guard moved away, Tony dropped his head, and since he couldn't cross his arms over the table, laid his head on the table's surface. He spent the next few minutes, just breathing in and out, trying to keep from breaking down again.

"Stark?"

"What?"

"We have to return you to your cell now."

They'd given him the better part of ten minutes, far more than he ever expected. He nodded, and sat up to wait for Hulk secure his hands to his waist. Except for the guards taking him to the nearby bathroom while Pepper took a break of her own, he hadn't moved from the spot he had been sitting in since the guards placed him there that morning. Once the chains were once again secured to his waist, the guards helped Tony to stand, and the shuffle walk to the Death Watch holding cell began.

"Thank you," he murmured as Hulk's twin freed him from the restraints, "And I don't mean for taking off the shackles either."

The twin gave him a puzzled look, "I have no idea what you're talking about." He finished removing the restraints, and met Tony's eyes just a split second before he exited the cell.

Tony saw that Hulk twin did know what he was thanking him for but didn't want or maybe couldn't acknowledge it publicly. Still Tony felt gratitude beyond measure for the compassion the man and his fellow guard had shown to him and his wife when they allowed Pepper to comfort him. The man acted like it was no big deal and Tony sensed he'd prefer if he did the same.

"Well thank you anyway… and tell the guy who was with you that I said the same to him?"

The big brute of a man continued to give him a puzzled look as he secured the cell, before he shrugged, walked off, retorting, "Still don't have a clue what you're talking about, Stark!"


	22. Chapter 22

Rhodey pulled up to the rental house twenty minutes before Happy was due to drive back at the prison for Pepper. He found the man he knew was considered more than just a bodyguard or chauffeur to Tony and Pepper, walking around the car polishing off _spots_ he knew could only be imaginary since the car was already shining like the sun.

He looked up when Rhodey drove up but didn't say anything as the other man got up of the car, or as he watched him while he carried a small white box in into the house. He knew Rhodey would come back out, so that's why he kept quiet five minutes later when he returned he finally spoke to his boss's friend, "You're gonna come with me right?"

Rhodey heard the underlying tone of worry in the bodyguard turned security mand's voice. He supposed there is a small chance he could say no to Happy's question but he knows he can't. To say that Pepper isn't going to be a mess after her visit with Tony was like saying the Hulk wasn't an enormous, green, rage-filled monster. Besides the fact Happy was going to need his help with her her, Rhodey _wanted_ to be there for her.

He nodded, and said, "Yes, I'm coming with you." Under any other circumstances, he might have smiled when he saw Happy visibly breath out in relief in response to his answer, but today there really wasn't anything to smile about.

"Okay, why don't you get in the car while I finish this up?"

Biting his tongue to keep from saying there is nothing to finish up on the already perfect car, Rhodey o climbed inside the car to wait.

It was only about another minute before Happy got into the car himself, and started it up. Rhodey watched while he put on his sunglasses, then pressed the button to raise the privacy divider.

"You can leave it down if you want."

"Well I was, uh you know, putting it up for the boss lady to um protect her from pools of scum who dare to think they're actually people."

Rhodey nodded, "I know, I want to protect her from them too. But I'd like to be able to look at the road while you're driving. I think it'll be okay if you wait until we get to the prison to put it up. We're going to get there a few minutes early right?"

"Yeah, we should get there a few minutes before four o'clock," Happy replied, looking at him in the mirror, "Okay, okay, I'll wait to put it up then."

"Thank you."

"Not a problem."

The drive to the prison was a silent one as neither one of the men felt like talking. The first word that was spoken during the entire trip was when Happy pulled up to the prison gate. The guards knew very well who he was by now, they still had to ask him for identification. They especially scrutinized Rhodey's ID \ since he had only made a few visits to the prison. Once they were cleared, Happy pulled up inside and parked in the visitors parking area.

Although it was a lot of trouble to go through the security screening, the two men decided that it would be better if they first met Pepper inside the prison rather than letting her come out where the predators would be waiting to snap pictures of Tony Stark's devastated wife.

Once they had been cleared by security, they were escorted to a visitors' area where they could wait for Pepper to come out. Although was four o'clock on the dot when they walked into the room, they knew it was going to take some time for her to come out, so they sat down in the chairs to wait for her to appear.

They had been waiting for about seven minutes when a guard came to tell them that Pepper was finally on her way back from her visit with Tony,and that she should be there in around three minutes. They nodded a thanks to the guard, and with a shared look, the two men stood up. As they waited those last few minutes for Pepper, they both tried to mentally prepare themselves for what they knew was going to be one of the most heartbreaking things they would ever had to deal with in their lives.

Pepper entered the area a few minutes later…

When her eyes met theirs, her face immediately crumbled, and before either of them could do little more than stand up, Pepper had crossed to their side of the room where she threw her arms around her husband's dearest, closest friend.

She slammed into Rhodey so hard that he was forced to take a few breaths before he wrapped his arms around her, and held onto her tightly as Pepper began to sob against his shoulder.

He started rubbing her back, and looked over at the guard who had escorted her out. He was a little surprised to see the woman's eyes bright with tears. He nodded at her, and mouthed the words _thank you_. He saw her nod back to him before she whispered something in Happy's ear, and finally, left them alone with Pepper., and after saying something quietly in Happy's ear she left them alone.

"She said that we can stay in this room as long as we need to," Happy said, moving to the other side of Pepper.

Rhodey nodded, making sure to keep his hold on Pepper, he maneuvered them to sit down the chairs, "Come on, let's sit down. Okay?" He wasn't surprised when she tightened her hold on him, and he responded by continuing to rub her back.

"Don't... don't go," Pepper whispered, her voice breaking from her anguish.

"I'm..." Rhodey started, then stopped to take in a few breaths when he heard his own voice crack, He didn't speak again until he was sure he could get out what he needed to say,., "I'm not going anywhere, Pepper, I promise. I just think we should sit down for a little while, okay?"

When he felt her nod against him, he helped her to find the chair then eased both of them down into them. Once they were both settled, he did the only thing he could think of that might bring her some comfort and that was to hold Pepper while she continued to sob her broken heart out.

Happy kept watch over them from nearby, trying and losing his battle to keep from crying himself.


	23. Chapter 23

"I am sorry to see that we are interrupting your meal," said the warden as he and another man pulled up two chairs, and sat down in front of the holding cell.

 _Thanks for not referring to it as my_ last _meal._

Tony looked up at them from the remnants of the food he'd requested for his last meal. He had asked for things like chicken nuggets, a cheeseburger, fries, macaroni and cheese, tacos, a peanut butter and jelly sandwich and fish sticks. He asked for them because were all of the foods he knew that his kids loved, and he had hoped that by eating them would bring some small measure of comfort in the time he had left. But the food had caused him to feel just the opposite. Instead of providing him a small measure of comfort, the foods made worse for him pain of knowing that he'd never get to see them again all the worse.

He finally sighed before he pushed the good aside, "It's okay, I'm not that hungry anyway. Why are you here?"

"I know you must be very up to here," the prison official indicated a level above his head, "But there are things you need to hear about regarding what is going to be happening in the next three hours." He waited for a response from Tony and when he didn't receive any he added, "I know from past experience that this is something that is not easy for someone in your position to hear, but it needs to be said. We want everything to be as easy as possible for you when the time comes."

Tony finally nodded an acknowledge to the warden, and then listened as the man laid down the procedural details for his imminent execution.

"Do you have any questions?"

"Just one. What is going to happen to my… body afterward? Pepper's going to be able to take… to take..."

"Yes, since you put your wishes down in writing, Mrs. Stark will be able to take your remains straight away once everything is over."

Relief passed over the condemned billionaire's face, and he muttered softly, "Good."

The warden looked over at the man who had accompanied, and nodded, then looked at Tony again. "There is just one more thing that I need to ask you, Mr. Stark, and please do not take this the wrong way. I need to know what are your feelings about what is going to happen to you tonight?"

"You're joking, right?"

"No, I am in no way attempting to make a joke. As I said, don't take my question the way it sounded. It's obvious that I or anyone should have an idea of what the answer is without asking."

"But you did anyway."

"Yes, because we need to know the answer. Are you feeling nervous or even afraid?"

Tony wasn't sure _why_ the prison official needed to know how he was feeling, but in the end decided there was no point to not answering the question, "No, the thought of dying tonight isn't making me afraid or nervous. Just sad... for my kids."

The warden gave him a look of sympathy as he nodded, "I have children as well and I can't imagine what I would be feeling if I had to face leaving them behind like this."

"Yeah."

"In any case, if at any time you begin to feel agitated, tell one of the guards or even myself as I'll be close by for the time remaining."

"Why? What will happen if I do tell you that?"

"I would call for Doctor Weaver to come and give you something that would help you be able to relax."

"Something which would probably make me sleepy."

"That is a possibility that I cannot comment upon since I am not a doctor."

"It doesn't matter because I am not going to need anything anyway. I am not going to risk being sleepy or going to sleep before I get the first part of the injection."

"I suppose that matter is settled then."

"Yeah, because when I make up my mind to do something, I don't back down."

"I'm sure that you don't, Mr. Stark. It's just given the circumstances, you may find this harder than you imagined, and if you need help to keep in a calm state-"

"I will tell you. But I'm not going to need the help. I was born a stubborn Stark man and I'll die like one."

The prison official nodded.

"Warden," the third man in the room said quietly.

The warden glanced at him, and saw the expectant expression on his face, "Oh, right, sorry. Mr. Stark, I'd like to introduce you to-"

Tony looked straight at the stranger, "Sorry but I'm not interested."

"I'm sorry?" the third man inquired before the warden could.

"You're a priest or something like a priest righ? And you're here to talk to me about making my peace with God before they kill me?"

After they exchanged a look, the warden got up and left the room.

"Actually, I'm the prison chaplain, and I'm Baptist, not Roman Catholic but that's beside the point. Mr. Stark, I am here to talk to you about God and having His peace with you… if you're interested."

"I already told you that I am not."

"May I ask you why not? I'm sorry I know that is kind of personal but I'd like to know the answer if you're willing to tell me."

"There is nothing I can tell you that probably isn't already public knowledge," Tony said, sitting back on his bunk.

"May I ask what you believe in?"

"I believe in my wife and my kids. I believe in the fields of science that I've dabbled in. I believe in mechanics and machines. I believe in the power of my own mind. And although it looks like they might not be able to save my bacon, this time, I still believe in my team."

"Wow, that's an impressive list."

Tony sensed no sarcasm in the other man's voice, only real sincerity. Unfortunately, he also sensed that a _but_ was in there somewhere too. He held up a hand as the other man opened his mouth to give voice to it, "Look, this is probably going to come across as being rude but I've already said twice that I am not interested. I have only about three hours left to live and I do not want to spend it with you trying to convince me that I should embrace God. I mean I've spent most of my life not ever being convinced that He even exists.I'm not even sure I believe that there's anything beyond _this_ life."

The other man sighed, his shoulders taking on a visible slump he nodded, "Alright, Mr. Stark, that's fair enough. I won't press on this any further other than to ask you if you'd like for me to be with you when the time comes? Not as a spiritual advisor, although, I will be praying for you until it's over with, but just as someone who is on _your_ side in the execution chamber."

"So do you believe they're going to execute an innocent man tonight?" Tony challenged, not willing to accept someone on his 'side' so easily. "Because I _didn't_ kill those cops, you know."

"I have to say like everyone else I followed your trial, and I won't lie to you, Mr. Stark. The prosecution presented some pretty strong evidence that it was you who killed those policemen and the man who tried to kidnap your daughter. But whether or not I believe in your innocence is immaterial, because I will still stand for you in that room if you want me to."

"I don't know how you can say that your inability to believe in my innocence is immaterial!"

"Because I think that it is. Mr. Stark, and I have the belief that no one should have to die alone regardless of what they did or did not do."

"But I won't be alone. Although I asked her not to come, my wife is going to be there, and the man who has been… been my best friend for far longer than I've probably deserved will be there with her. Then Steve Rogers has made a promise that he won't let me have to face dying alone either, so he will be there too. See? I am not going to be alone when the time comes. Unlike you, I know that even though they can't be in the same room with me, I know each of them believes with every fiber of their being that I _am_ innocent. So no, I don't want or _need_ you to be there."

"Fair enough, Mr. Stark. I will respect your wishes then and leave now. However I meant what I said that I will be praying for you until everything is over with tonight."

Tony decided to take what the man said the way he knew that he had meant it, "Thank you."

The chaplain stood up, "I am leaving now but before I do, I want you to know that I will remain in my office here in the prison until afterward. If you should change your mind about anything I said, just tell the warden or one of the guards. They'll send for me and I'll come back."

Tony nodded, "Thanks but I won't change my mind."

He watched as the man left the room, and wasn't surprised in the least when the warden re-entered half a minute later. Their eyes met for a second before the prison official turned, and went over to the observation desk. When it became clear he was saying something to the guard, Tony turned his back to them, wanting nothing more than to have a little privacy during his final hours.

Suddenly the warden's voice breaks into the silence and his thoughts, "Mr. Stark?"

Sighing but not turning around, Tony responds with, "What?"

"I am sorry that I keep interrupting your time of solitude-"

Tony's head turns quickly in the warden's direction, and he glares at the man, then angrily retorts, "Then why do you keep doing it? I mean don't you get that since I can't see the faces of anyone I love or care about… doesn't mean that I want to see yours anymore than I have to. Can you just leave me alone in what little time I have left to keep on breathing?"

The warden raised an eyebrow at the outburst but said nothing in response,instead he continued with what he had been saying as though he hadn't been interrupted. "I thought that perhaps you would like to know that I've decided that we can grant your request"

"What?" Tony said, sitting up, "You mean I'm going to get my hot shower?"

"Yes."

"You're really going let me take a shower tonight that's actually _hot_? It's not another one of the poor imitations I've had since I got here?"

The prison official nodded, "Yes, Mr. Stark. We are going to let you take an actual hot the provision, of course, that you do not cause any problems for the guards when you leave your cell."

"Tell me... what would be the point of me causing problems now when I'm only a few hours away from you killing me?"

"Nevertheless, Mr. Stark, you are still a man who is facing the end of his life before the end of tonight. As I have said before, I have seen many men try desperate things that they knew were in vain in an attempt to save their own lives. Since what you've requested is one that is easily granted, I see no harm in giving you what you've asked. Before I do so I want to be assured that the men who work under me and are my responsibility will not be harmed in the process."

"What _exactly_ are you asking from me? To give you my word that I won't try anything? Because if that's it, why would the word of a dead man walking mean anything to you?"

"Because, Mr. Stark, even man who has been condemned to death is still a man, and I believe in trying to recognize this fact as best I can."

"I wish you would have taken that into consideration when I saw my wife for the last time. I _never_ would have hurt her."

"No, I personally don't believe that you would have harmed her if I had granted you a last visit with her without restraints-"

"Then why-"

Holding up a hand for quiet the prison official continued, "I was going to add that although I try to give you the recognition as a man, I also cannot forget the other obligations I have as Warden of this prison. Obligations that include keeping any civilian who enters inside this facility safe. My personal feelings can not ever supersede this or any of my other obligations."

"Yeah, okay whatever. I am tired of this conversation," Tony said the moment he finished speaking. "Look, I am not going to try or do anything to the guards. What would be the point? I know there's no way out of this by resisting or through any violence. As much as I don't want to die, I've… I've accepted the fact that you're going to kill me tonight, and I've accepted the fact there's nothing I can do to change it."

The warden kept his peace choosing instead to look Tony over as he tried tried to gauge his sincerity. After a few seconds he turned his head, and looked at one of the nearby guards, nodding. He moved away from the cell as the same guard came forward.

"If you'll turn around and place your hands behind you."."

Without a word, Tony stands up to move close to the cell's door where he allows the guard to cuff his hands behind his back. Once they've secured him hands l he waits as patiently as he can for them to open the door, then steps out between them. He gives the warden a nod of thanks as they begin to walk him in a direction that he's not familiar with.

They take him to a room that has both lockers and showers in it, and appeared to be one that the prison guards themselves used. Of course they couldn't or wouldn't want to take the same lukewarm showers the inmates themselves had to take. The lockers themselves were located at a distance away from the showers, and he can see from where they are that all the doors on them are closed. The showers are far more interesting to him. They're located behind a transparent curtain that looked like it had been installed recently. Tony supposed that the opaque rectangle that runs from one end of the curtain to the other is there to give him a sense of privacy once he's taken off his prison uniform.

"There's a fresh set of clothes for you on the bench by the wall,"the guard said as he unlocked the handcuffs.

"Okay," Tony responds, rubbing his wrists, "How long do I get for this? The usual ten minutes?"

"Warden said you can have thirty minutes… if you'd like."

"I'm sorry, did you say-"

"Thirty, yes that's what I said. Time starts when we hear the water running."

Tony ducked behind the curtain when the guard's words sank in, and after finding the one where they'd placed, he began get to undressed for the shower. Stepping into the stall he turned on the water, gave it a few seconds to get warm, and stepped under the spray.

He closed his eyes with a sigh as he felt actual hot and steaming water ran down his body. He only let himself to enjoy how wonderful it felt only for about a minute before he picked up the bar of soap and began to wash up. He wanted the majority of his time just enjoying the feel of the water.

Being locked up for several months with limited showering time had taught Tony how to be very efficient in getting himself cleaned up. So he finished with the washing part within a few minutes after he started. He leaned back against the wall to watch the water as it went down the drain. While watching it, he couldn't help but think about how in a matter of a few hours from now, his life would be over just as quickly as the water disappearing down through the drain hole.


	24. Chapter 24

_"I'm coming, Princess," Tony murmured as he stepped into the nursery. His baby daughter screaming at the top of her lungs in person, and making a beeline for her crib, he gently scooped her up into his arms. He rubbed her little back. "Shh, Baby-Girl, Daddy's got you and he's gonna make everything all better."_

 _As he kept up the talking to her while he was carrying her over to the changing table. After gently placing her down atop it, he stripped the vomit covered onesie off of her still sobbing little body. He did a check to see if her diaper needed changing too._

 _It didn't._

 _Using a few baby wipes, he gently cleaned her face, which wasn't an easy task considering how much she was still crying. "I know, I know... Daddy knows from um personal experience that wearing icky old puke doesn't feel that great or is one of life's more enjoyable experiences. By the way, J, thanks for the heads up." Tony had been warned that Eva had vomited on herself while he was crossing the short distance between their bedroom to the nursery, and as a result he had removed quickly pulled off his own t-shirt before he reached her._

 _"You are most welcome, Sir," immediately came the AI's soft response. "Sir, might I venture a suggestion regarding Miss Eva's soiled status?"_

 _"What is it, JARVIS?" The baby had continued to cry the entire time he had been trying to get her cleaned up._

 _"My suggestion, Sir, is that you give Miss Eva a small bath, commonly referred to as a spit bath. I believe combination of the warm water and the scent of the baby wash might serve to further help to soothe her distress."_

 _Tony had to admit, JARVIS had an excellent suggestion with one problem, and that was when he carried Eva through to the master suite bathroom, Pepper was going to be awoken since the baby was still crying. But it was something that he knew couldn't be avoided, not if he wanted to get Eva clean and therefore calm enough to go back to sleep again. Besides, in the long run he knew it was better to wake his wife up rather than their son since she'd likely go right back to sleep and Ethan likely would not._

 _Taking a deep breath, he entered their bedroom, and immediately heard Pepper's voice give a disoriented inquiry of, "Huh? What?"_

" _Oh, it's just us, honey, me and our little Princess. We need to use the bathroom for a little while is all. Go back to sleep," Tony answered, walking as fast as he could to get to his destination._

" _You and Eva? Wait, what's wrong with her?" His wife asked, her voice sounding much more awake._

" _Oh, nothing a quick bath won't fix!"_

" _Bath? Tony, are you sure everything is alright?" By now she's pushed the covers back and is about to get out of bed when he stops her._

" _Everything's fine, Pep. Seriously, honey, go_ back _to sleep. I promise our little sweetpea is a-okay, and I've got this under control."_

 _There was a pause then, "Tony-"_

" _Pepper," Tony had closed the bathroom door, and poked his back out when she said his name, "Please go back to sleep. You had a really long day yesterday, and you're going to have a long one tomorrow. Seriously, babe, I've got this." The entire time he was speaking he had been rubbing Eva's back, and she had started to calm a little._

 _Pepper gave him a long look, and after a yawn, decided his insistence that she go back to sleep was a good one. She fluffed her pillow, pulled the blanket up, laid back down, and yawned at him, "Okay, then goodnight."_

"' _Nighty night," he said, shutting the door, and gave his attention to his daughter. "I think a quick bath in the sink is best. How about you, Princess? Hmm?" Of course the only reply he got from her was for her to continue to whimper, "I know, baby, Daddy's first plan to get you all nice and clean wasn't his best idea but I promise, this will feel so much better."_

 _Tony got out the baby soap, washcloth, and a clean diaper from where Pepper has them stashed in their bathroom for bath time. He then filled the sink with water, making sure it was warm but not so hot it would hurt Eva. After taking off her diaper off. He then set her down gently in the sink, then while making sure she would stay upright, got the wet washcloth soaped up. He hummed quietly as he started wash off the rest of the vomit from her little body._

 _Eva began to quietened down even further until her tears had become sniffles, "How's that feeling sweetheart? All better, sweetpea?" When he looked up at him with sleepy eyes, he leaned down to kiss her little head, "I know, baby. You're tired, and I promise we'll be finished in just a few minutes." He rinsed her gently, and just as he was about to finish, there was a noise in the water._

 _Eva's eyes grew big at the sound._

 _Tony looked at her with mock surprise, and grinning at her asked, "Oh, Princess, did you fart?"_

 _She looked up him, her fingers going to her mouth._

" _Did my little sweetpea actually fart?" he asks in a singsong tone while making a funny face at her._

 _Eva was laughing at him one second then in the next her little face crumbles up as she lets out another whimper._

 _Tony asks, "Aww, sweetie, what's wrong?"_

 _Even if she could talk because he knew her own smell what had upset her so. When she continued to whimper over the smell. he put picked her up. Once she was secure in his arms he said in a silly tone, "I think Daddy needs to call you his little stinkbug!"_

 _The baby was making happy sounds as she was carried over to the corner baby station . Tony put her down, unwrapped the towel, all the while saying, "Come on, sweetpea. Let's get you warm and snuggly and ready to go back to bed, hmm?" He could see that her little eyes had already begun to grow heavy again. The baby is pretty much asleep by the time he's wrapped her in a warm blanket, and takes her into his arms._

 _Nevertheless as he's opening the door to the bedroom, he quietly tell her, "Shh, let's be quiet so we don't wake…" His exaggerated whisper trails off when he sees that the bed is empty. "Pepper? JARVIS, where's Pepper?" He hoped as he asked the question that her being out of bed didn't mean that Ethan was now awake too._

" _Mrs. Stark is in the nursery, Sir."_

" _Huh? What?" Tony wonders aloud._

 _JARVIS knows that he's not looking for an actual answer, so none is not given._

" _What are you doing?" Tony asks quietly as he walks into the nursery._

" _I just finished changing the sheets in Eva's crib," she replied as she tucked in the last corner._

" _I would have done that!"_

 _Pepper turned to face him, "How?" She points at their daughter, who is clearly asleep in her Daddy's arms, "You would have to have put her down, and I know you didn't want to do that unless you were going to put her in her crib."_

 _He nodded, "Okay, good point. But still, you were supposed to be asleep yourself!"_

" _Well, I almost went back to sleep for about a minute after you closed the door, but then I realized something. I figured out that something had to have happened for you to give Eva a bath in the middle of the night. So I asked JARVIS what was going on, and he told me that our sweet girl had vomited all over herself. Once I heard that, I decided to get up and go change the sheets while you took care of Eva."_

" _Well you still didn't have to get up but I do appreciate the help in getting our little Princess back to bed," Tony said, giving her a kiss._

 _Pepper nodded, "So, are you going to put her back to bed or what?"_

" _At some point…"_

" _Tony."_

" _What? I want a little father and daughter time before put her back down. Sue me."_

 _Rolling her eyes, she gives him a kiss, "I won't have to if she wakes up again."_

" _Yeah well, she's not gonna."_

" _Uh huh," Pepper replies, then says, "I'm going back to bed."_

" _Okay, I'll be there in a few minutes."_

" _I hope will."_

"Fifteen minutes, Stark!"


	25. Chapter 25

"Fifteen minutes, Stark!"

* * *

 _"The time is now 2:40am with an outside temperature of eighty-four degrees Fahrenheit," JARVIS said quietly._

 _Pepper woke up but didn't move or open her eyes until she felt the mattress beside her dipped. Yawning, she turned halfway over, to watch her husband pulling a t-shirt down over his head. She yawned again, then said, "So, you're really going to do this, hmm?"_

" _Yep," Tony said, sitting down on the bed's edge to slip on a pair of socks, "I am."_

 _She smiled at him, thinking about the discussion that had happened just a couple of days ago._

"Hey, buddy," Tony began one evening just as they were finishing up dinner, "Do you remember when we went to the really neat place last week where we saw all the movies about the stars and the planets?"

The four and a half year old nodded, "Yeah, yeah!"

"Don't talk with your mouthful, sweetie," Pepper said in a mild scolding tone, looking across at him from where she was feeding Eva her dinner.

"Pep, really! I asked him a question."

She looked at him, "Well, please don't ask him questions when his mouth is full!"

Mommy was scolding Daddy!

Ethan giggled at this.

Tony smiled, shaking his head, and looked at his son, "Oh, you thought that was funny huh?"

Ethan opened his mouth to respond.

"Ahhh, finish chewing that bite, and swallow it _before_ you answer your Daddy, Ethan. And please chew with your mouth closed!" She shakes her head, trying to hide a smile as she spoons in another bit of rice cereal into her daughter's open mouth.

 _Thankfully, Tony had waited until Ethan had finally finished his food to tell their son about how there would be some very pretty star showers tonight. He had asked the little boy if he had wanted to come outside with Daddy, and watch them together. Pepper wasn't entirely sure that their young son had understood everything his Daddy was asking him but Ethan had given an excited, "Yeah, yeah!" in response, which resulted in tonight's father/son outing on their terrace to watch the Perseid meteors._

" _You know, he's just gonna fall asleep again, right?" Pepper said, revoicing a point she had previously made._

 _Tony grabbed a small box he had left on the nightstand, and nodded at her, "Yeah, probably but we can still go outside, and try this. I'm pretty sure that if he really liked going to the planetarium and seeing their star 'movies'. He's gonna love this because we'll be looking at the real ones live tonight instead of just some old home movies that NASA's made."_

 _Pepper couldn't stop yawning She knew that she wasn't going to change his mind said, "Okay, then. Have fun but do me a favor?"_

" _What?"_

" _Take the light blanket I left folded on the couch tonight with you when you go outside, please?"_

" _But it's eighty-four outside!"_

" _Yeah, that might be the temperature reading for everyone at street level but we're high up and you know that sometimes it can feel a little chilly outside Even in the summer that's true. I don't want Ethan to get sick from being a little cold tonight."_

" _Okay, I'll take the blanket with us."_

" _Promise?"_

" _Uh huh."_

" _Tony."_

" _Okay, I *promise* I'll take the blanket out with us."_

" _And use it if it's even the slightest bit chilly?"_

" _Pep-"_

" _Promise to use it?"_

 _He sighed, "Okay, I promise to use it if it's even the slightest bit chilly outside. Happy?"_

 _If she hadn't been so sleepy, Pepper might have asked what their head security man had to do with it but as it was all she said was, "Yes, I am. Thank you."_

 _He leaned over the bed to kiss her, "Go back to sleep. I'll be back in, in an hour or two."_

 _She nodded, closing her eyes, "Okay. Oh, and Tony?"_

" _Yes?"_

" _Can you please go check on Eva before you get Ethan?"_

" _Will do."_

" _Thank you."_

 _Smiling he replied again, "Go back to sleep."_

" _Have fun!"_

 _Tony had checked on the boy's baby sister as his wife had requested before going into wake up his son. Since everything with Eva had been fine (she hadn't even needed to have her diaper changed), he had quickly left the nursery, and went across the hallway to Ethan's room. He carefully opened the door to the room then tiptoed his way over to the little boy's bed, and carefully sat down on the edge._

 _Ethan was curled up on his left side, snuggled up with his Iron Man encased pillow, fast asleep. It was almost a shame to wake him up from such a good sleep, and Tony considered forgetting this entirely. But then he remembered how Ethan had seemed so excited about the idea of getting do something so special with his Daddy that Tony only hesitated a second or three before he put his hand on the boy's arm._

" _Ethan?"_

 _There was no response from him. He didn't stir in the slightest._

 _Trying again, Tony just a little louder, while moving his hand back and forth on the boy's shoulder, "Ethan? Buddy? Wake up."_

 _His son stirred a little, so he kept trying, "Come on, sport, open your eyes." When he heard a whine he asked, "Do you still want to go outside with Daddy to watch the shooting stars?"_

 _Ethan finally opened his eyes, and looked at his father, "Uh huh!"_

" _Well, come on then. We've gotta go outside if we're going to see them. Okay?"_

" _Okay!" The boy threw back his covers, and swung his feet to the side of the bed just as his father stood up._

 _Tony put out his hand for Ethan to take, and said, "Alright we're going outside now but you need to be very quiet because we don't want to wake Mommy or Evie. Okay?"_

 _Ethan nodded, "Okay."_

" _That's my boy. Come on."_

 _Once Ethan had taken a hold of his hand, Tony led the way through the darkened penthouse, and out onto the terrace after stopping to grab the blanket Pepper had left for them. He had to admit he was glad of her forethought because the temperature was a little bit chillier than he would have guessed for a summer's night. He led Ethan over to the double lounger where they'd have best view of the sky. He let go of his son's hand, and said, "PIck a side, sport, and sit down."_

 _Ethan immediately went to the right side of the lounger._

 _Before sitting down beside him, Tony unfolded the blanket, and spread it out over them both as he settled down onto the chair. He opened the box, and pulled out the two pairs of his specially made light filtering glasses and put a pair on the boy's face. Ethan started to take them off but halted when Tony said, "No, no, little man. You have to wear these if you want to see the shooting stars."_

" _Why?"_

" _Well because New York has way too much light pollution for us to be able to see the stars without them," he replied, adjusting them back onto Ethan's face, "There. Now look up, buddy, and see if you can see the stars!"_

 _The little boy looked up and his immediate gasp told his father that he could indeed see the stars. "Oooo pretty!"_

 _With a huge grin, Tony slipped on his own special glasses, and looked up._

 _He gave an impressed whistle, "Wow! I'm good! I mean I really did outdo myself if I do say so myself!"_

" _Congratulations for your remarkable success, Sir," JARVIS commented rather dryly._

 _Tony rolled his eyes, and quipped back, "Hey, I wasn't talking to you, buttinski!" When Ethan giggled at the name, he realized what he had said, and looked down at his son, "And I don't want to hear you repeating that, mister. Okay?"_

" _Okay."_

" _Especially not around your Mommy or she'll kill me," he added under his breath._

 _Only a few minutes had passed when Ethan began to yawn. Tony noticed immediately of course, and slipped an arm around him, pulling the little boy closer to him until his head was laying down on his shoulder. He pulled the blanket up over them a little more when he felt a shiver pass through his son's body. When the little boy yawned again, he smiled then softly said, "Go back to sleep if you want to, buddy. It's a little late… or maybe too early for you to be up yet, so it's okay for you to go back to sleep."_

 _The boy snuggled closer to his father, and gave a little sigh of, "Love you, Daddy."_

 _Tony blinked back tears, tightened his arms around his son, and pressed a kiss, Ethan. I love you too."_

* * *

"Okay, Stark, five minutes! Start wrapping it up!"

The guard's warning had savagely ripped through his warm, happy reminiscence, bringing him back to the cold, terrible reality that in just a few hours from now he'd be dead. He didn't know if the water had started to run cold, or if the guard's warning had caused the chill he was now feeling all over his body. Suddenly cold or not, he ducked his head under the spray since he didn't want the guards to see that he had been been crying.

"I love you. I love you," Tony repeated his words to his son a whisper, not wanting to chance the guards overhearing him, he let the water keep running, "I love you and… I'm sorry that I'm never going to see you… or my sweet baby girl ever again. I'm so sorry-"

"Time's up! Shut off the water please and get dried off!"

With one last duck underneath the water, he did as the guard had ordered, and shut it off. As he stepped out of the stall he grabbed the towel that was hanging on the wall and keeping his back to the guards as much as possible, he began drying off.

"There's a fresh set of clothes for you out here on the bench," one of the guards repeated when he nearly finished.

Tony considers going over to grab the clothes, and ducking again behind the curtain but the truth is, it doesn't provide him with any more privacy than he'd find dressing out in the open. He also realizes that his reputation for not being the most modest person on the planet is probably coming back to haunt him now. So once he's dried, he wraps the towel around his waist, and exits from behind the curtain.

"Over there," one of the guards said, pointing at the bench.

Without a word, Tony goes over to the bench, and since he knows they can't completely turn their backs for him to get dressed, he just simply turns his to them before dropping the towel. Once dressed, Tony turned around, he placed his hands behind him, and waited for one of the guards to handcuff him.

"Turn back around, face us, and put your hands out," one of the guards instructed.

He was puzzled by the instructions but he didn't argue. When he was turned around to face them, Tony saw that one guard was holding the waist restraints. He considered asking why they brought him here in simple handcuffs but would be using the restraints for the return trip but decided to not waste either his words or breath So he lets the one guard to put his hands into the restraints while the other goes behind him to fasten the restraint band around his waist.

Tony soon had the answer to his unspoken question about the restraints when they reached the cellblock. When they got there, a man Tony had seen all too infrequently since he got to the prison was standing by a chair that had been placed in the middle of the room.

"I thought that perhaps you'd like to have a haircut and shave," the warden supplied from across the room.

Tony gave him a look of surprise then nodded his answer. The guards led him over to the chair, and he sat down. The prison barber covered him with a sheet that he tied around his neck, and began his administering his services with the haircut first. The only time anything was said between them was when Tony said, "Remember, I like everything but the goatee gone. I've gotta look my best for tonight, you know."

"Yeah, yeah I remember, man!" the barber replied in an annoyed tone. "We can't have you looking in any other way, now can we?"

Those few words were the only words spoken between the barber had done his work, and while he cleaned up the area, the guards escort him back out while others returned Tony to his holding cell. His eyes are locked on the warden as he sits down on his bunk. The warden's head is turned in another direction as he's quietly speaking with a guard. When he finally turns back to look in his direction Tony tells him with genuine appreciation, "I wasn't expecting that. Thank you."

"You're welcome, Mr. Stark."

"Now, normally I'd say I hope that you won't take this the wrong way but at this point I don't I really care if this offends you or not. Would you, and everyone who has been watching me like a goldfish for the past fours days, just leave me alone now for the little time I have left?"

"If that is how you wish to spend your remaining hours, then yes we will leave you alone as much as we can."

"Yes, good. Being alone is _exactly_ how I wish to spend my time."


	26. Chapter 26

They were in the visitors' area for almost an hour before Pepper was calm enough for them to leave the prison. The moment they stepped outside, Rhodey found himself fighting an urge to commit murder the very moment reporters started to shout questions at Pepper. She was nearly in tears by the time they reached the car. By some mercy, though, they had climbed into the car's inside before Pepper lost her battle and started crying again.

As he wrapped his arm around her, Pepper buried her face into Rhodey's shoulder, and began brokenly sobbing her heart out again as they passed through the prison gates.

"No, don't look at them," he said, cupping the back of her head with his hand when he felt her started to raise her head. It might have been true that he reporters couldn't see them inside the car, but be he didn't see the point of her r looking into their demented faces. Pepper was in enough torment and there was just no way he was going to let her agony she was going through become even the tiniest bit worse if he could stop it from happening!

Once they'd reached the house, Rhodey tried to get Pepper to eat something. She hadn't eaten all day but she told him that she wasn't hungry at all. Instead she told him that she was going to go upstairs to rest.

"Try to get a little sleep maybe?" he had suggested before she could slip upstairs.

She had only nodded a response and continued her way to the upper floor of the house.

But even as she closed the bedroom door behind her, Pepper knew she wouldn't be sleeping, despite the visual promise she'd given to her friend. How could she go to sleep right now? Sleep would only make the precious few hours Tony had left to live pass all the more quickly. All sleep would do is make the time they'd have to return to the prison get here all the more sooner.

How was she supposed to do this? How was she supposed to go sit in a room in the prison and just watch as they brought Tony's life to an end? How was she supposed to live on from the very second they would pronounce him dead? How?

 _This is… what's happening to Tony, to US is more than wrong, it's an injustice If they_

 _If he dies_

 _I_

 _I love him_

 _And I've loved him for so long now that I can't imagine what my life will be like without him with me. I don't want to know what it's going to be like never to hear my name said again in HIS voice. Oh, I know there's probably recordings somewhere of Tony saying my name, but I hear my name said in his voice, I want it to be LIVE, in person with Tony's arms around me, and not some past recording of him saying my name._

 _But more than that, I want my children to grow up KNOWING how much Tony loves them firsthand instead of hearing how much their father loved them through memories or stories, or just words being said. I want them to be able to MAKE their own memories of him by being WITH him._

 _He's my soulmate_

 _Tony is my soulmate_

 _and I don't know what I am going to do if they take him away from me_

 _I don't know how I'll_

 _Why is this happening_

 _How can anyone think that he's capable of this_

 _Yes, I know he was once called the 'Merchant of Death', but that name was because he sold weapon, not because he KILLED people himself_

 _Oh my_

 _Is this payback for Tony?_

 _I mean don't they say God keeps track of everything we do and repays us in the same way we've treated others?_

 _Please God, if this happening because of something Tony's done in the past_

 _Please I am BEGGING YOU!_

 _Let him live!_

 _DON'T TAKE him away from MY CHILDREN!_

 _If you can't save him for me, PLEASE don't make them lose their father._

 _PLEASE GOD?_

 _PLEASE?_

...

 _Tony, why didn't you tell me about the man who saved your life? What did you say his name was?_

 _Ming?_

 _Ping?_

 _No, neither of those are right!_

 _His name started wit think_

 _Ying?_

 _No, that's not it either_

 _Yen?_

 _Yinsen! That's it!_

 _You said his name was Yinsen!_

 _Why didn't you mention him before, like maybe not right away when you back from over there but sometime later?_

 _Like when we started seriously seeing each other?_

 _Like when we got engaged?_

 _I know I was focused on how we were going to get married back then but couldn't you have found the time, or way to tell me about this man?_

 _Oh well, it's all water under the bridge now_

 _Maybe if you had told one of us, maybe I could have and I or Jim could have backed up your claims about Yinsen's existence, and maybe then things would have_

 _No, I am NOT going to go there!_

 _There's no way of knowing anything short of you pleading guilty for a crime you didn't commit would have saved you from the death penalty_

 _Why didn't you, Tony? Plead I mean?_

 _I know you didn't do it but they would have given you life in prison_

 _KEYWORD LIFE_

 _I know that would've been awful too but at least I wouldn't be facing the possibility of having to explain to your son and daughter that Daddy's never coming home again!_

 _HOW AM I SUPPOSED TO TELL THEM THAT, TONY?_

 _CAN YOU ANSWER THAT QUESTION FOR ME?_

 _WHY DIDN'T YOU JUST PLEAD?_

 _Why do I keep asking that stupid question? Because I know WHY you didn't plead_

 _You didn't want to give up Iron Man._

 _Not even for US._

 _There._

 _I said it._

 _You'd really rather let the government kill you than to let them have the armor_

 _I mean you must rather that happen because it is_

 _and soon_

 _WHY COULDN'T YOU HAVE JUST LET THEM HAVE IRON MAN_

 _WHY COULDN'T STAYING ALIVE FOR_ _ME_ _US BEEN MORE IMPORTANT TO YOU TONY?_

...

 _You know that I don't hate you for the decision you made right_

 _I just hate the decision you made to keep them from getting Iron Man at all costs_

 _What a cost it's going to be too because I will never be able to LOVE anyone as much as i LOVED you, Tony Stark_

* * *

It was just a little after eight o'clock when Rhodey approached the Pepper's bedroom and knocked softly on the door. When she didn't respond, he hoped that it meant it's because she'd actually fallen asleep. His hopes were dashed a second later when the door opened, revealing a woman who looked just as haggard with grief as she had been before coming up here to rest.

He cleared his throat, then said simply to let her know what time it was, "We should probably leave in about fifteen minutes."

She nodded, "Okay."

As she went to sit back down on the bed to put on her shoes, Rhodey watched her. He knew she was crying, although he didn't see any tears. Instead her shoulders were shaking, and in the silence of the children's bedroom he could hear her sniffling. She looked so small, so frail, so unlike the woman he had know for decades now that he couldn't help himself, although before now he had he had promised himself that he wasn't going to say anything. But that promise was quickly out the door after hearing the deadness of her voice, after seeing how much more she was suffering the closer they got to…

"You don't have to do this, Pepper."

When she looked at him, and her eyes _scared_ him! They were so dead that they made a shark's eyes look living and vivacious. There was not even one hint of anger in them over the fact he had just suggested that she abandon Tony. Instead, there was a depth of pain he'd only seen in the eyes of victims of senseless violence. Like those trapped in a war zone or even worse: like those who he'd seen victimized by their own so called governments.

"I won't leave him to die all alone, Jim, with only the faces of strangers… people who hate him, to be the only ones looking back at him."

She paused, swallowing hard, then went on, "No, I made a vow to him that I would help him in any way that I could, and if keeping my vow to him means that I will have to… to…" The tears she had been struggling to keep at bay broke out, and the sobs that followed had caused her voice fail her.

Hurrying to sit down beside her on the bed, Rhodey wrapped his arms around her, and gently pulled her towards him until Pepper's head came to rest on his chest. He held her, and let her cry for a few minutes without saying anything, and concentrated on his own breathing to ease the painful tightness there. He only spoke again when he was sure he wasn't going to lose it himself.

"Pepper?" He waited for her to to give some sort of indication that she heard him, and when she didn't after a few seconds, he tried once more, "Pepper, can you hear me?" He felt her nod against him, and then heard what he believed was a soft "Yes."

Rhodey took a breath then began, "You know, when I said that you didn't have to do this, I wasn't trying to suggest that Tony will be left completely alone in this, right?"

He felt her nod.

"You know that I will be there for Tony. I promise you, Pepper, he is _not_ going to have to face this alone. I only said what I said because I know how much this is going to hurt... no I know how much it is already hurting you..."

He stopped speaking, trying to weigh what he needed to say to her very carefully.

"Pepper, I know how much you love Tony, and I know how much he loves you. I also know that you, and Ethan, and Eva are not just his world but the three of you are his entire reason for being. You really are his universe which is why I know him well enough to know that he asked you to not be there tonight because he knows what kind of suffering the memories from watching... that is going to cause you."

"He is my life, my universe too, and if my universe is going to end tonight, I have to be there."

"Pepper-"

She pulled away, suddenly, from him, and looked at him, "No, to whatever it is you're going to say. Yes, I'm angry, and yes this hurts! Oh my… it hurts more than anything I have ever had to go through in my life. I know if I go, I will have the memories of watching him die for as long as I live. But I'd rather be there than be away and then having the regret that I wasn't there for him when he needs me to be there is so much worse. So yes I'd rather have to carry the memory of… of watching him die, than I would having to regret it for the rest of my life that I wasn't there when he needed me."

He stared at her for a long moment, thinking about what she had said, and how she was right. He decided to stop trying to persuade her not to attend the execution. How could he keep trying to get her to do something he knew he'd only regret if he did the same thing? As much as he didn't want to have to sit quietly and watch as they killed his best friend, Rhodey also knew there was nowhere else he could be tonight except sitting in the witness room.

Finally, Rhodey nodded and then stood up, extending his hand towards her, "Come on,we better go down before Happy starts-"

He didn't get a chance to finish his sentence as they both heard a knock on the wall outside the room followed by the aforementioned man's voice, "Hey, are you guys okay? We uh need to get going soon."

Rhodey nodded an answer, then after standing up, Pepper allowed him to help her do the same. She then let go of his hand, and stepped out into the hallway ahead of him, "I'm going to go wash my face. I'll meet you downstairs in a minute."

She saw the two men exchange a look, but she didn't stop, not even when she heard Happy voice the question she knew they were all thinking, "Are you going to be okay?"

Pepper shook her head, but kept walking, "My husband is going to be dead in less than two hours. You tell me."

* * *

It was sometime later when a guard escorted them into a holding area in the prison where several members of the press were already waiting. All eyes immediately fell onto them as they entered the room, and Rhodey swears he saw Happy get a few inches taller as he sent the reporters dirty looks to keep back from Pepper. Fortunately none of the hungry vultures got a chance to do more than circle around the new arrivals since a representative of the Department of Justice entered the room almost immediately after they arrived.

The representative was an older, dour faced woman who asked them to all be seated in the chairs provided so that she could review the protocols for the event they would be witnessing shortly. However before she began going through the protocols, she spoke briefly about what sort of day Tony had been having and who his final visitor was. Although the representative never said her name aloud, had in fact only referred to her as "the inmate's wife", all eyes turned towards Pepper.

Pepper for her part didn't seem to be completely unaware of their attention. She stared straight ahead into the space right in front of her Rhodey, who just kept holding her hand tightly, was very aware of was transpiring sent glares into the direction of each of the reporters, and Happy was very ready to jump into action if needed.

The representative moved onto the protocols, explaining what they would be seeing and what few things were expected of them as witnesses. The very last thing she said is the one part Pepper did hear, and it is what she would respond to.

"Last of all but still important, for those of you who have been a witness before this is a reminder, and for those of you who have not, what I am about to say may be seen as a most solemn warning. When the curtains have been drawn back, and you are able to see inside of the execution chamber, you are _not_ to make an attempt speak to anyone who is present inside the chamber."

Pepper gasped, "You mean I'm not even allowed to tell… to tell my husband that I love him for… for one last last time?"

The DOJ woman shook her head, "No, ma;am, I'm sorry but no communication is permitted between the condemned and-"

"Don't call him that!"

The other woman frowned at the outburst but didn't otherwise reprimand Pepper. Instead she continued with, "I'm sorry, ma'am, but as I was saying no communication is permitted between the inmate, or anyone present in the witness rooms. I must warn you that guards have been instructed to remove anyone who violates this policy. I do mean _anyone_ , ma'am. Do not speak to or try to communicate with him if you wish to remain in the room." She waited to see if there would be any response from Pepper, and when it was clear there would be none, she returned to addressing the room in general, "Now, we have a few minutes for questions if anyone has anything they need to ask?"

"I do," said one of the reporters said putting up his hand.

"Go ahead."

But the three people who knew Tony the best didn't hear the question or response because Pepper had once more gotten lost in her sea of pain and the two men with her were struggling to keep her afloat while trying to keep themselves from their own grief from overwhelming them.

After the representative called an end to the briefing, they were all asked to line up so that they could be checked one final time by the guards with a metal detector. Once that was done, a guard escorted them from the room, and down a short hallway before they were led inside a small room. In the room was two rows of with six chairs each set before a long window that was covered with a curtain from the inside. The second row had been elevated so that those who were seated in the back would be able to view the proceedings in the other room over the heads of those seated in front..

Rhodey didn't know if it was by design or accident that they entered the room first, but he was glad because they claimed the seats directly in front of the window. As he took one of the chairs beside Pepper, he caught more than one annoyed looked being shot their way. He stared right back at them, not caring what they thought or wanted, since they are the people who love Tony and they are the people whose faces should be the last thing he saw when he closed his eyes would close.

Pepper was okay for the moment, so he allowed his own thoughts to drift. They turned to the fact that how, in just a few short minutes from now, he would be watching as they killed the man he considered to be more than just his best friend of thirty-three years.

True, there had been countless times since they met that Tony had nearly driven him crazy. He would admit that sometimes he had been driven crazy almost to the point of wanting to end their friendship, but something held him back so he never had. He had never really left Tony behind because although he wanted to strangle the man sometimes, he also knew that just like with his sisters Tony was his family, forever.

"How much time do we have left before… you know?" a nervous voice from behind them quietly asked, breaking into his thoughts.

"About fifteen minutes," someone answered, probably a guard.

After he got a quick look at Pepper to see if she had heard the exchange, and thankfully she hadn't, Rhodey shared a quick glance with Happy before turning around to look at the person who had asked the question. It wasn't one of the reporters as he had expected. Instead it was one of the citizen witnesses who had volunteered to witness the execution. He kept looking at the man until their eyes met, and the man had enough decency to look apologetic before breaking eye contact with Rhodey.

He only turned back around when he heard Pepper gasp, and had been about to ask her what was wrong when he saw it. A group of silhouettes move against the curtain. There was a deep, aching pain in his chest when he realized what he was seeing. Although the movement of the silhouettes had only lasted but half a second, Pepper gave a strangled cry, and she began crying as she brokenly murmuring Tony's name.

Rhodey immediately wrapped an arm around her, and pulled her closer to him, gently telling her, "Don't look over there anymore, okay?" He encouraging her to lay her head down onto his shoulder, and said, "Don't look."

"I can't… I can't believe that this is happening," she whispered, "I can't believe that we're going to lose him this way. How… how can the President just let him die like this?"

The despair and hopelessness in her voice drilled such a stab of pain into him that Rhodey found himself wanting to break the promise of silence he had given to Rogers, He'd given his word that he wouldn't tell her about what the Avengers were doing right now in an attempt to save Tony.

 _Only you can't say anything, and you know it_ , he thought bitterly to himself. _You know that you can't give her any hope that may turn out to be false_. This was already shattering her into a million pieces as it was and if the Avengers didn't come through after he told her… he didn't even want to think about the agony she would be in then.

With her head still laying against his shoulder, Pepper swiped at a tear, and said in an angry voice, "You know I don't understand why Steve backed out so suddenly! He's the leader of the Avengers and if… if an Avenger is about to die, _how_ could he not be here? _How_ can he just abandon Tony like this?"

He decided that it was best if he didn't respond to that, so Rhodey kept silent, and prayed that the Avengers were not going to fail in whatever they were doing at this moment. The more Pepper cried the more difficult it was for him to keep his silence, and the fact his eyes kept drifting over towards the window where they had seen the silhouettes wasn't helping either, It didn't take a genius to know that Tony was probably strapped down to the gurney and having IV lines inserted into his arms.

Rhodey's eye caught the movement of Happy checking his watch, and the security man shook his head when he looked up.

It wouldn't be long now.

Tony was almost out of time.


	27. Chapter 27

**AN:** I just wanted to tell the Guest who left this comment "Seriously, you are killing me. This is the hardest thing I have ever read in some time. You have a way to describe this situation, it's so convincing !" **_THANK YOU_**! I hope this chapter won't be too hard on you and every one else but guys THIS is what the story has has been building up to!

* * *

Movement out of the corner of Tony's eye had caught his attention enough for him to tear his eyes away from the pictures of his family. The warden, flanked by seven guards, was approaching his cell. He stopped a few feet away from the door while the guards took up position outside. Once the door to the cell was unlocked, the warden said, "Anthony Edward Stark, please step forward."

Running his fingers over the pictures one final time, Tony swallowed hard, took a deep breath, and got to his feet. He held out his hands, expecting the guards to put the manacles on them, and then shackle him but the warden shook his head.

"If," he began, "and I mean _if_ you do not struggle or fight against the guards, we'll allow you to walk freely without any bonds into the death chamber."

"Why? Why would you do-" Tony stopped there as his voice broke, and he dropped his head.

"Why would I do something that allows you one last shred of dignity?"

Tony nodded, forcing himself to look back up at the prison official again, "Yeah. Why?"

"Because, Mr. Stark, I believe that even a condemned man should be permitted to have the opportunity to retain some of his dignity during this process."

Tony looked at each of the guards in turn, and he knew if he decided to fight they were ready to do their jobs.

His eyes slowly went back to the warden's face, he shook his head, saying quietly, "Thank you for this. I won't fight or give you any kind of resistance."

The warden nodded, stepping back a little while one of the guards said, "You need to come with us now."

Tony straightened his shoulders and then stepped out of the cell, and into their midst. The guards immediately turned around, and began walking slowly towards the door that was only ten feet away from the holding cell. When they reached the door the two front guards went into the room first, where took up a position beside the gurney at the head while the remaining four remained surrounding him.

Stepping inside the chamber himself, Tony only paused a moment when his eyes caught sight of the gurney. He took a deep breath, then continued to walk with each step becoming more difficult as his legs felt like they weighed about one ton each. When he reached the gurney, he stood there staring at the bed as though he were at a loss about what to do next

In an even, surprisingly understanding tone one of the guards said, "Please climb onto the table, and then lie down."

The billionaire swallowed, then wordlessly did as the guard had instructed him. As soon as he had laid back on the gurney, the guards began to strap him down. The two who had already taken up position by the gurney were the ones who fastened his wrists and arms while the other four had taken their positions began working on restraining his legs as well as his mid-section. Once they had him completely strapped down to the table, the others stood at almost attention while another one of the guards who had been at his head made one completely circuit around him to check the security of the straps holding him down.

They also fastened a strap across his chest before moving his arms closer to his body, and then covered him with a white sheet. Tony chose not to watch them, instead he t stared up at the ceiling, and did not look down until they had begun to file out of the room.

As soon as the guards were finished with tightening the last strap holding him down on the gurney, a pair of men who entered the room after them and had been waiting on the side of the room approached the gurney. Both of them had very small carts with them that they pulled along behind them, and when they reached Tony's side, they immediately began in sync to feel on his arms for the vein they would use for the inserting of the IVs.

"You know, I've never understood _why_ you'd use alcohol to sterilize the arm of someone who is about to get a lethal injection," Tony quipped as soon as the pungent smell hit his nose.

Neither man responded but continued with their tasks, and not surprising, both needles were inserted into his arms at the same time.

Other than a small grunt, Tony acted like he hadn't felt the needles go in, and kept talking, "I mean it's not like overall cleanliness is important here, right? How could it be when the purpose of this injection I'm getting is about killing me and has nothing to do with my general overall health or well-being?"

As they taped down the tubing to his arms, they then turned his hands over to taped them palm down to the gurney. When they continued with completely ignoring him, Tony's tone went from joking to bitter as he said, "You know, the least you could do is look me in the face just once since it's _you guys_ who are making it possible for them to be able to kill me in a few minutes. And what's with taping my hands down?"

The men finally fell out of concert when one of them hooked up the heart monitor while the other one left. Once the monitor was up and running the second technician departed pulling his cart out of the chamber too.

When the beeping of the heart monitor went up considerably, he heard the warden asked, "Are you certain that you do not want something to help you relax? It is not too late for me to request for something to be given to you."

If he could have looked at the man in that moment, Tony would have give him an irritated glare,"No, I already told you that I don't want anything that is going to make me get sleepy."

"Very well."

Complete silence took over the room for a minute or so.

"Uh, how much… how much time do I have left?" The only clock in the room was situated behind the gurney, and with the restraints holding him down there was no way he could turn his head around enough to see it.

"You have approximately ten minutes, Mr. Stark."

"Oh? And I've already been here for what, almost ten? Isn't making a guy wait twenty minutes to die cruel and unusual punishment? Especially when he has nothing to look at other than the starkest, most boring white ceiling of all time? Seriously couldn't you have put some other color up there other than white?"

The warden went along with the poor attempt at humor because he knew the alternative was worse, "I agree. The color is very bit bland. So what color would you have us to consider for future reference?"

"Oh, I don't know. Maybe something like a hot rod red? That'd be nice, don't you think?"

The warden caught eyes with one of the guards, and as the other man shook his head, he replied aloud to Tony, "Indeed. I will add that to the suggested color change list."

Tony was silent for a minute, then asked, "Did she come?"

The prison official didn't have to ask who he meant by she, "Yes, Mr. Stark. Your wife is here."

"Oh, Pep, I wish you hadn't…" Tony closed his eyes a second, then asked, "Will I… will I be able to see her?"

"Yes, you will. When the curtains are drawn back, you will be able to see two windows one for each of the witness room. Your wife will be in the room that is on the left side." The man sighed, "I regret that I must inform you that she, along with all of the other witnesses, have been instructed to keep totally silent. She will not be allowed to speak to you."

"But I can speak to her, right?"

"Yes, your final words are yours to do with as you wish. If you wish to use those words to speak to her, then that is your choice."

"The room she's in… is she in there with any… of the family members?" Tony asked, hoping that she wasn't. Although it was true that he trusted Rhodey and Rogers to look out for her from any threats to her safety, he wasn't sure even they'd be enough to keep back the family members of the victims if they all wanted to try to attack Pepper in some way.

"No, Mr. Stark, Mrs. Stark is in a room apart from the victims' families. For the protection of them all as well as their privacy, it is our protocol along with as my own personal policy to keep the family of the condemned separated from that of the victims' families. To that end, neither you or your wife will be able to see the families in the other room as they will be viewing the proceedings through a two-way mirror."

"I know this will probably make me sound like the cold blooded killer they already think I am by saying this, but I'm glad that I can't see them. I really don't want any of their faces to be the last thing I see before I die."

The warden nodded, not really blaming him for wanting the faces of the people he loves to be the last thing he ever sees instead of the faces of angry strangers.

"How much time?"

"Only a few minutes more until the curtains will be drawn back."

Tony nodded, and started to hum not wanting to talk any further with the other man who was in charge of his death courtesy of the United States' government. The prison official took the hint, allowing Tony to pass his remaining minutes however he wished and went over to talk with one of the guards instead.

* * *

"If you could all find your seats please," the guard by the door said to the witnesses who were milling about the room, "The… event will begin in two minutes. Again, everyone needs to find their seats, and sit down please."

Upon hearing the guard's words, Rhodey reached over to take Pepper's hand as her other hand went to her mouth. She was trying not to cry, but everyone in the room knew that she was as they could hear the sobs still emerging from her throat behind her hand. Happy touched her arm in an effort to offer her some comfort and his support when the three of them noticed the guard had come over to them.

"Ma'am," he began in a tone that while firm was not unkind, "You need to try to be quiet."

Rhodey glared at him, "You can't actually be serious, can you? You do realize that it's _her_ husband strapped down to that gurney in that room, right? She's going to have to watch him die, and you expect her to be completely quiet while it's going on?"

"Yes, sir, my condolences but there has to be complete silence in this room. I'm really sorry," the guard replied before looking at Pepper again, "Ma'am, are you okay? Can you be quiet?"

She took a few deep breaths, and nodded then whispered, "Y… Yes."

The guard gave her a wary look, but didn't say anything more. He returned to the door with Happy's eyes giving the man's back a look that could have easily have killed him if looks could indeed actually kill.

It took a great deal of effort by Pepper but she did indeed quieten down and just in time as they saw the curtains open a few seconds later.

When he heard her gasp again, Rhodey squeezed her hand, and whispered, "It's okay. It's okay." But it wasn't okay, and he knew it, but he didn't know what else to say to her.

The warden came into view, and he reached up to turn on a microphone that was just above Tony's head before he asked, "Do you have any final words?"

Tony's turned his eyes turned immediately towards his wife, and locking eyes with her, he began, "I love you, Pepper. I love you so much, baby, and I will until my dying breath..."

Tears streamed down Pepper's face as she smiled weakly at him, mouthing the words _I love you_ back to him.

Tony paused, fighting his own tears, and swallowed down the lump in his throat, fighting to say, "Tell our children how much their Daddy loves them. Please don't let them forget how much I _love_ them."

Pepper nodded and mouthed, _I will. I promise I will._

"You're the love of my life, Virginia Anne Potts Stark. The _only_ true love of my life. I never loved _anyone_ like I loved you. _No one_. _No one_! The greatest honor I ever had in my life was that, out of every other man you could have picked to be with, you choose me… gave _me_ the privilege of being your husband. Honey, thank you so much for…"

When His voice cracked, forcing him to stop to take a shuddering breath, Pepper found she could no longer help herself. She raised her hand, and held it out towards the glass.

Tears meandered down Tony's cheeks, and sensing his time was nearly up, he hurried to finish with, "Pepper, I love you. I love you so much. I love you. I love you." He knew his time was up when heard the warden moving behind him, and his hands appeared when the prison official reach up to turn off the microphone. Once it was off, and no one in the witness rooms could hear him, Tony laid his head back down on the gurney, all the while keeping his eyes on Pepper.

As Warden Berry vanished from sight, the people who loved Tony Stark the most in the world, began bombarding the Heavens with fervent, frantic prayers for the red phone in the next room to begin ringing before it was too late.

* * *

 **End Notes:**

I hope you guys are okay, and that you can hang in there for another week because I uh won't be updating Saturday. Sorry I know I am keeping you in suspense for a week but you'll find out what happened to Tony next Tuesday when I make a double update. Yeah the chapter following this one is super short so to make up for the brevity and the week long suspense you will be getting two chapters next Tuesday!


	28. Chapter 28

**AN:** I have no self control.

Next update will definitely still be on Tuesday.

* * *

A loud CRACK resounded throughout the room as the door finally gave away, and the Steve raised his hands above his head in a gesture of surrender as a small army of Secret Service agents burst into the room. "Put the shield down, _slowly_ , then get on your knees with your hands on your head."

Steve nodded, and with with careful slowness, obeyed the lead agent's order. He removed his shield from his arm then placed it on the ground softly. He dropped to down to his knees as he'd been ordered, placing his hands on his head all the while keeping his eyes on the President.

"Are you alright, Mr. President?"

Sadler nodded, "I'm fine, Agent Pierce. Captain Rogers didn't harm me. He just wanted to talk."

While another agent locked a pair of handcuffs around his wrists that they all knew couldn't possibly hold him, Steve pleaded, "Please, Mr. President, make that phone call now! Tony Stark is quickly running out of time!"

Sadler looked at him for a long moment, without giving any indication that he was considering doing what Steve had asked him to do.

"Please, sir! If you don't make that call _now_ an innocent man will be put to death! Please!"

Finally, the President nodded, then in what seemed like slow motion to the super soldier, picked up the phone on his desk, and began dialing. He looked at the clock while the phone on the other end began ringing. His face lost some of its colors as he realized how _close_ he was cutting it with this call because they were only thirty seconds away from it being 10:01 PM,.

Steve knew the moment the other end of the line had been answered when he heard the President say, "Warden, halt the execution immediately. New evidence has just come to light that should be reviewed before the execution can be allowed to proceed. Until such time Mr. Stark is either exonerated or further condemned by the new evidence, I am granting him a stay."

"Thank you, sir," he said the moment the President hung the phone up.

"You're welcome, Captain, although I'm afraid your gratitude may prove premature if the courts do not find that the evidence you brought to me tonight actually proves that Tony Stark is innocent. All I may have done tonight is have delayed his execution by only a few hours or days."

"He didn't do it, Mr. President, and the courts will see that when they review the evidence."

Sadler sighed, "I hope so, Captain. For his sake and for that of you and your team." He looked at Pierce and nodded.

The agent gave a nod back, and with the help of another agent, pulled the super soldier to his feet saying, "Captain Steven Rogers, I am placing you under arrest…"

Steve offered no resistance since he knew beforehand that this would be the likely outcome and price he'd pay for using such drastic measures to get the President.

"... do you understand these rights as I have read them to you?"

"Yes," he answered, and then before they started to take him out of the room he looked at Sadler, "Mr. President, I know I have no right to ask you this but please, sir, let the brunt of the consequences for what we did tonight be on my shoulders alone."

"Your request will be taken into account when charges are brought up."

"Thank you, sir."

The President nodded, "Anything else, Captain?"

"Yes, sir. Would you please keep my shield safe until it can be put back in the hands of someone you can trust with it?"

"It would be an honor, Captain."

"Thank you, sir."

* * *

 **EN:** Uh I'm not a lawyer so if it should be the Supreme Court of the United States in play here instead of the Court of Appeals, well like I said, I am **not** a lawyer!


	29. Chapter 29

When Tony had finished speaking, Warden John Berry moved out sight of the witnesses to the other side of the chamber where only the appointed executioner along with his assistants would be able to see or hear him.

The prison official kept a close eye on the clock with his hand raised,ready to give the signal for the executioner to begin injecting the first drug into the IV line. The time Tony Stark had left to live waned down to thirty seconds, and then twenty-five. He very much hated this part of his job but when the clock's hand moved to 10:01, he wouldn't hesitate even for a second before he gave the signal for the execution to begin.

Twenty seconds.

Just as the number nineteen entered his thoughts, a loud ringing at the other end of the chamber intruded. He gave a glance towards the side room where the executioner was stationed, and said, "Hold."

The phone was on its third ring when he crossed the chamber again to answer it. "Yes, Mr. President?"

"What? What is he saying?" Tony said loudly, trying to with all his strength to move but couldn't as the straps holding him down did what they were made for

"Yes, sir. I understand," the warden said, hanging up the phone.

"Hey, are you going to tell me what he said?"

Ignoring the billionaire, the prison official turned on the microphone again, and looking towards the witness room with the two way mirror said, "By order of the President of the United States, this execution has been stayed for two hours, pending the outcome of the preliminary decision of the United States Court of Appeals." He then looked back at the guard, and the curtains slid shut.

Tony's face was as pale as the sheet covering his body when he asked, "So what does this mean exactly?"

"It means, Mr. Stark, that for the moment you are not going to die." If he had to make a guess based on his own experience from the past, the warden knew the execution is over for the night period. But he didn't voice his thoughts in this because there was a chance he he was wrong, and if they were ordered to resume, the false hope that he would live through the night would have been a cruel to inflict on the condemned man indeed.

"Okay, so I have been uh given two more hours to live by the President. Does that mean you're going to keep me laying here strapped down and unable to move with the needles in my arms the _entire_ time? I hope not because I really need to scratch my nose!"

The warden looked away from him, then back to him, "No, I've sent for the IV team to return. They'll take the IVs out of your arms, and then you will be escorted back to the holding cell to await the decision of the Court."

"So we could be all having a sense of deja vu in a couple of hours from now if they decide against me?"

Although his tone had been light, the warden easily heard the underlying fear in the words. He took a moment to consider his answer, really consider it. He would like to tell Tony something he'd rather hear than the truth but he knew ultimately there would be no purpose served by misrepresentation of the facts. So he spoke frankly but not without some kindness to temper his words, "In the event that the Court denies extending you the stay of execution the President ordered, you'll be brought back to this chamber, and after you've been prepared, your execution will then go forward as was previously ordered."

Tony closed his eyes as the second needle was removed from his arm, and a bandage was applied to the area, "So I could still die tonight."

Although it had not been a question, the prison official confirmed it with a soft, "Yes."

At that moment the IV team exited the chamber, and the guards who had escorted Tony into the chamber returned. The warden moved away from the gurney to allow them to take their positions. The lead guard looked him directly in the eye as he addressed him.

"We're going to undo the restraints now, and let you sit up now. Because of what you've just been through, I prefer to give you the same leeway you had earlier when you were escorted here. So don't do or try anything that will force us to handcuff you. Alright?"

Tony nodded, "Alright."

With their leader's nod, the guards began working in chorus, reversing the process from earlier until all the strap were loosen and hanging limply from the sides of the hurney.

"Alright, you can sit up now but slowly."

With a nod, the billionaire did as he had been instructed, sitting up slowly on the gurney, and then just as slowly moved his feet to where they were over the side of what yet maybe his deathbed. Once he was up, he leaned forward, his arms across over his stomach, which made all the other eyebrows present in the room knit together in concern.

"Mr. Stark, are you alright?" the warden finally asked from his spot.

"No, actually I'm not. I feel like I'm going to puke… or pass out!"

"Please ask Doctor Weaver to step in here for a moment."

The next thing Tony knew the man he was vaguely familiar was standing beside the gurney a very concerned look on his face.

"Mr. Stark, I'm Doctor Weaver. Do you remember me?"

Tony nodded, he did remember the physician. The man had given him an examine when he first arrived at the prison.

"Good. I'd like to take a listen to your heart, Mr. Stark." It was then that Tony noticed there was a stethoscope hanging from around the man's neck, "Is that okay?"

Again Tony nodded.

The doctor moved to put the instrument into his ears, and was halted before he could get any closer to the gurney.

"One second, Doctor," the lead guard said, before looking at Tony, "Keep your hands where they are while he's looking you over. Okay?"

Tony looked at him, noticing the man's hand was on a pair of handcuffs at his waist, and he heard the unspoken implication that they'd be used if he tried anything, Swallowing, he nodded, "Okay... I'm not gonna to do anything."

"Alright you can go ahead, Doctor."

"Yes, thank you," Weaver replied before finally stepping up closer to the gurney.

To everyone in the room, it was obvious that Tony was in fact oblivious to the doctor's actions. He only became aware when the physician addressed him directly.

"Mr. Stark, are you having any difficulty with your breathing?"

Tony nodded.

"I believe you are in the middle of a panic attack, Mr. Stark, which is why you are having trouble breathing and are experiencing heart palpitations. Now I can give you something to help you with relaxing-"

"No!" Tony said, vigorously shaking his head, "No!"

"But it would help this to pass sooner."

"No… don't want… want to feel sleepy."

"Alright, I understand. Then we'll try something else. Mr. Stark, I know you're having a problem with breathing, but I want you try to take long, deep breaths for me. Can you do that?" A nod was his answer. "Alright, please follow me and copy my breaths. Inhale as I inhale, and the exhale when I exhale."

He stayed with Tony for several minutes, breathing in slowly before releasing them, and he did not leave his side until he was certain that Tony was okay. After telling Tony to keep up with the slow breathing, he went over to the warden.

"Is he alright, Doctor Weaver?" the prison official murmured.

The physician nodded, "I believe he is, and I think moving him out of this room as soon as possible would help to keep another panic attack from coming on."

"Sound advice, Doctor, and we'll move him if he's able to be moved."

As if on cue, they heard the man they had been talking about ask in a somewhat loud voice, "Can I get out of here now? Please?"

"Excuse me, Doctor."

Weaver nodded, "I'll be outside if you need me again, Warden."

The prison official nodded, and turned his attend to his prisoner, "Mr. Stark, the guards are prepared to return you to the holding cell anytime you are ready."

"I'm ready _now_. So ready!"

The team leader took over addressing Tony, "Stand up then, please."

Nodding, Tony did as he was asked to do, and immediately found himself almost doing a faceplant on the floor in front of him. It was only almost because the leader and another one of the guards reached forward to stop his fall.

"Do you need the doctor, Mr. Stark?" the warden asked as the guards finished steadying him on his feet.

Shaking his head, Tony put a hand back on the gurney to further steady himself, then answered, "No, I don't need him. Just let me have a minute... my legs feel like they're made of jelly."

"Take your time. Just start walking whenever you're ready."

The billionaire nodded, before he dropped his head and concentrated on taking a few deep breaths. A minute passed in silence, and when he was ready, Tony gave the warden a look before he straightened himself up to his full height, and then started walking by putting on foot in front of the other. Since he didn't almost faceplant after taking a few tentative steps, Tony continued on until he was out of the chamber. Flanked by the guards, he slowly made his way back to the holding cell. Once he was back in the cell , he slowly lowered himself onto the bunk, and released a few ragged, loud breaths. .

"So, now what?" he asked once the cell door was locked , and the warden reappeared.

The prison official took a seat in one of the nearby chairs, shrugging, "We wait."

"So you're just going to sit there the _entire_ time while we waiting?"

"Yes. Why am I disturbing you?"

"No, it's your prison. Just don't expect me to carry on a conversation with you while we're waiting because, I'm definitely not in the mood. You're the last person I'd want to spend what might be my last two hours in the world talking to. "

The warden smiled, "I don't expect anything from you, Mr. Stark." He thought about adding that Tony was free to spend this time however he wished. But he decided that it wouldn't be helpful, so he kept his silence instead. To keep from disturbing the man in the cell any further, he got one of the guards down some work from his office to him.

Tony still felt like his legs be jelly if he stood up. But after he had been sitting for awhile, he felt like he couldn't stay still any longer. So he got up, and walked as far as he could to one end of the cell before turning around to walk to the other end. The cell wasn't that big, only about eight feet by six, so it didn't take him a long time to travel the length several times. About an hour when Tony had finally tired himself enough with the pacing to sit back down on the bunk, picking up his most prized possession in this place.

"Um could I have a drink of water please?" It had been several hours since his last meal had been served, and Tony suddenly realized just how thirsty he was.

Without a word the guard at the desk pulled a paper cup from the dispenser, and filled it with water from the cooler. He walked over to the cell, and handed it to Tony through the bars.

"Thanks."

The guard nodded, and watched as he gulped it down in almost one swallow. "More?"

"Yes, please."

Tony handed the man the cup and watched as he filled it, then returned. He nodded a thanks then drank half of the water before saying, "This is good. Thank you."

The guard nodded again, and returned to the desk. Tony sat back down with the cup, and sipped on the water slowly, looking once again at the pictures.

Fifteen minutes passed, and some motion from across the room made him tear his eyes away from the pictures He looked up to see a man that he didn't recognize but remembered seeing inside the death chamber after he was strapped down. The man motioned to the warden to follow him outside. He swallowed hard as the two men disappeared knowing that he would be the topic of their conversation.

There was nothing to do but wait for them to return. His stomach was in complete knots, and feeling another panic attack coming on, he began breathing deeply again like Doctor Weaver had shown him.

What would they say when they came back into the room? Were they going to tell him the news the courts had denied him a stay? Would they tell him that this was it for him? Would they be coming back to tell him that he would never see the morning sun again since they'd execute him as soon as they could get him… and everyone else back into place?

Any further thoughts were interrupted when the warden followed closely by the mystery man returned. The man fell back, and allowed the prison official to take the lead as they approached the holding cell. He stood up to meet them as they stopped in the space in front of the cell.

"The Court of Appeals has reached their decision, Mr. Stark, and it's good news for you."

Tony stared at him blankly, "W-what?"

"You've been granted a thirty day stay of execution while the Court reviews the new evidence," the mystery man added.

"So I'm not going to die tonight?"

"No, you're not tonight," the man confirmed then turned his head, "Now if you'll excuse me, Warden, I need to go tell the witnesses what's going on, and that they can go home now."

With that, he was gone.

"Hey, wait a second!" Tony said, snapping out the place where his thoughts had taken him when he heard he wasn't going to die. But the mystery man was gone before he had even managed to call out the first word. He looked at the warden, "I wanted to ask him if he could take a message to Pepper. Could you-"

The other man shook his head, "No, I'm sorry I can't. For one thing, I don't anticipate seeing Mrs. Stark again tonight, and for another, it is not permitted by our regulations here."

Sighing, Tony returned to the bunk, and sat down, "So what happens now?"

"Right now I would suggest that you get some rest, Mr. Stark. I know from the report of the guard regarding last night that you did not sleep more than three hours total."

"Hey you try knowing you're going to get a lethal injection the next night and let's see how well _you_ sleep!"

"That is a fair observation. However I do have another point for bringing the topic up. I wanted to ask you if you think you will be able to sleep tonight?"

Tony ran a hand through his hair, and shrugged, "I don't know. I mean tonight kinda feels like one of those nights where my brain isn't going to shut up no matter how many times I tell it to or how much I want it to. I mean I feel like I've been on a five day inventing bender where I haven't sleep for more than 2 hours in those five days. I am beyond exhausted but I am not sure I'll be able to sleep tonight. Why do you ask?"

"Why do I ask? Well, I asked because there is a way we can help you, I think. But accepting it will mean accepting an option that so far you have rejected every time it has been offered.."

"Oh, let me see if I can guess. You're asking me if I'll let the doc give me something to help me sleep?"

"Yes, precisely. Do you want me to ask for Doctor Weaver to come see you?"

"Before I say yes, I want you to give me your word that nothing is going to happen to me after I'm asleep."

"Mr. Stark, you have been given a stay, first by the President of the United States, then by the Court of Appeals."

"That doesn't matter, I want to hear it from you, _your_ mouth, that I am completely safe."

The warden sighed, nodding, "Very well, then. You have _my_ word, Mr. Stark. You are absolutely safe tonight. Satisfied?"

"Yes."

"Good. Now, will you let Doctor Weaver help you to sleep tonight?"

Tony stared at him a long time, and nodded, "Yes, I will."

The warden looked at the guard at the desk, "Call and ask Doctor Weaver if he will come here for a few minutes please."

"Yes, sir."

Silence fell over the area as they waited for the prison doctor to appear. Tony was very thankful for it. He was beyond tired, his body aching from the lack of sleep, and from the stress of knowing he was supposed to have been dead for hours by now.

Doctor Weaver appeared in the holding area a few minutes of being called. While Tony watched, he stopped to speak quietly with the warden and the guards for a short time before he walked over to the cell. He was accompanied by the same guard he had talked to.

"I've been told that you want something to help you sleep tonight. Is this correct, Mr. Stark?"

"Yeah, that'd be correctamundo, Doc."

The doctor couldn't help but smile at the exhausted man's attempt at humor before he said, "I can help you with you that. But first I need to know is, how fast would you like to fall asleep?"

"Whaddya mean?"

"I mean do you want to be asleep in just a few minutes or do you want to have to wait thirty or more minutes?"

"If I say in a few minutes, what's the catch?"

"The _catch_ , Mr. Stark, is that I would need to give you the medication by an injection."

Tony stared at him for a few seconds, gobsmacked, "I can't believe you just _that_ word." He pointed to the band aids on his forearms, "I've kinda had it with needles for tonight, Doc."

The physician nodded, "Which I understand, Mr. Stark, but an injection is the quickest way for you to get to sleep. The only other option is for me to give you a sedative in pill form. But I leave the choice up to you as to which one you prefer."

"I need to sleep and I need to sleep sooner rather than later."

"So what exactly are you telling me?"

"Do I have to say it?"

"Yes, Mr. Stark, you need to state in your own words what your wishes are regarding this matter."

"Are you _sure_ that you don't have anything else that'll work just as fast that's not a shot?"

"No, I am sorry. I do not."

"Okay, I'll take it... I'll take the shot."

Doctor Weaver nodded, "I'll prepare the injection." He was very well aware of Tony's eyes following him over to the desk when he had set his supplies down when he came into the area.

In the meantime the guard walked over from the desk, and motioned for Tony to stand up.

"Seriously? You've gotta cuff me even I'm practically dead on my feet?!" Tony said, cringing almost immediately as he realized what his choice of words.

"Yes, seriously. No civilians or personnel are allowed inside the same space as a Death Row inmate unless the inmate being placed in restraints or handcuffs first. If you want Doctor Weaver to help you, the handcuffs go on. No exceptions, whether you're tired or not. So I need you to stand up, and put your hands behind your back."

It took some effort but Tony managed to get to his feet. He stood near the slot in the cell door, turned his back to the guard, and allowed the other man to snap the handcuffs around his wrists.

Doctor Weaver rejoined them wearing rubber gloves and holding a syringe in his hand. "If you'll sit back down on the bunk, Mr. Stark, we'll get this over with as quickly as possible so you can rest."

Tony nodded, and sat back down on his bed.

The doctor entered his cell while the guard took up a position outside with his weapon drawn, ready for use if Tony tried anything. The exhausted billionaire did his best to ignore the fact a loaded gun was aimed at him.

Doctor Weaver eased up the sleeve over his left arm, and cleaned an area of the skin with an alcohol swab.

"Wait!" Tony said just as the doctor was about to give him the shot, "That's not the same stuff that's used to make me… know make someone go to sleep during a lethal injection is it?"

"No, Mr. Stark, this is a medication that is completely different from the one that is used to render someone unconscious during a lethal injection. This is just something to help you to relax enough so you can fall asleep. The other that you referred to is more like a general anesthetic, such as the kind that would be used for surgery."

"I uh guess I am going to have to trust that you're telling me the truth, huh?"

"Mr. Stark, I give you my word as a physician that I only want to help you to get some rest and nothing more. Will you trust me enough to let me help you?"

He stared at the man for a moment, then broke eye contact, nodding, "Yes."

"Alright, I am going to give you the injection now."

Tony felt the pinch of the needle as it punctured his skin, and then after a slight delay felt the doctor smoothing down a small band aid over the injection site.

"There, you should be asleep in the next few minutes."

"Thank you, Doctor Weaver."

"You're welcome, Mr. Stark."

Within minutes of the doctor leaving the cell and the guard removing the handcuffs, they could hear soft snores coming from the holding cell. With his charge finally down for some rest, the warden decided that it was time that he saw to some rest for himself. He was about to leave the area when one of the media room guards appeared.

* * *

 **EN:** Again I am _not_ a lawyer


	30. Chapter 30

**AN:** Due to what's happening to the East Coast of the United States, I am posting this chapter a day and a half early! I hope everyone is safe if you're anyway near where Florence will/is making landfall!

* * *

Steve kept his silence as the agents lead him outside of the Presidential residence and back towards the main part of the White House. He was expecting to be removed entirely from the building, by being taken to some sort of holding facility. They passed a closed room, the lead agent halted their movements, then said, "Turn around please."

"I don't understand," Steve responded, not bothering to hide either his surprise or confusion.

"The President has ordered that we keep you and your team on premises until the decision of the courts has been announced. Now if you'll turn around, Captain Rogers, I will remove the handcuffs."

They both knew that removal of the handcuffs around his wrists was more of a symbolic gesture than it was anything else given Steve could have broken out of them at any moment he had wanted to. Still he was appreciative of the gesture and turned around so the agent could take them off for him.

"Thank you, Agent..." he said as he faced the man again.

"Pierce."

He nodded, "Thank you, Agent Pierce."

With a nod of his own, the Secret Service agent looked at the agent waiting by the door, nodding. The agent unlocked the door. Pierce locked eyes with the super soldier again, "Although the President has ordered that we delay in moving you to a detention facility, you are still under arrest Captain Rogers. Until the time comes, we've set up the conference room to act as a temporary holding area for you and your team."

"Wait did you just say that my-"

The other agent opened the door, revealing the interior of the makeshift holding room. Steve immediately saw the smirking faces of Sam and Clint. Both were seated at the table with their feet propped up on it, leaning back as far at the chairs would allow. Steve resisted the urge to roll his eyes at the sight of them both.

"Come on in, Cap, and join our little party!" Clint said when he didn't move forward.

Despite the situation, Steve found himself biting back a laugh when his smart mouthed comment earned the archer a smack on the arm from his wife, who was seated beside him but with her feet on the ground. Finally sensing the agents' growing impatience, he stepped inside the room and heard the door firmly close behind him.

"Please tell us that you actually made it to the President in time," Sam said as Steve walked around Thor who was pacing the floor to take a seat across from him. When the super soldier gave him a questioning look he added, "Please tell me we didn't get arrested by the Secret Service for nothing."

"You didn't hear the news for yourselves?"

"Nope," Clint said before Sam could, "They confiscated our comms upon capture."

"Ah."

"So I guess you were too busy playing tag with the Secret Service to notice when we all began going radio silent, huh?"

Steve, having noted that the Asgardian still had his hammer clutched tightly in his fist, watched Thor a moment before he looked back at his friend, his mouth opened to reply to that comment when Natasha interrupted.

"Nevermind about playing games with the Secret Service. Is Stark still alive? Did you get to the President in time?"

Steve nodded, and everyone released the breaths they'd been holding, "The President halted Tony's execution." He didn't feel the need to tell them that when that had happened Tony had only had about thirty seconds left to live.

"Well, at least, the four of us won't go to prison in vain," Sam quipped.

"Five," Thor corrected him, speaking for the first time.

Clint nodded an emphatic no at him, then added, "Pretty sure it's only going to be just the four of us who are going, Big Guy. That is unless, of course, the United States government wants to start a war with Asgard."

* * *

It had been well over half an hour the last reporter had left the witness room, and at least ten minutes since the last member of the victims' families had lef. Pepper had yet to set on foot outside the room. Ever since the curtain inside the death chamber had closed, cutting off their view, they'd been waiting for news regarding what would happen next to Tony. Would he be granted a stay, or had this just been a temporary delay? Would she still have to watch the man she loved breathe his last tonight?

More than an agonizing half hour passed before the DOJ's representative appeared at the doorway of the witness room. She succinctly informed them the execution was postponed since Tony had been granted a stay by the United States Court of Appeals. She told the witnesses they were now free to leave before quickly disappearing.

With the execution postponed, the all reporters in the room had lost their biggest story of the night. They made a mistake to think they mouth could salvage the loss by trying to get Pepper to make a statement to them. Of course Happy intervened, and made it clear right away that they would not be getting any statement from Pepper. He then made very clear that it'd be in their own interests to leave. Only one or two of them didn't get the hint easily, but they still didn't get anywhere near Pepper as Rhodey joined Happy in keeping them away from her.

After the last of the reporters had left, leaving just them in the room, Pepper pulled herself together enough to approach the solitary guard situated by the doorway.

"If you're ready to go now, ma'am, I can escort you out. If you follow-"

"No, I'm not ready to leave yet. I want to see the warden before we leave."

The guard turned back around, "I'm sorry, ma'am, but the warden will be attending to other matters elsewhere. Now if you'd like, I'll let his assistant know that you'd like to make an appointment with him. Would you like for me to do that?"

"No, I wouldn't because I want to see him tonight."

"I've already explained, ma'am, that you can't. Now if you will please come with me."

Without saying a word, Pepper walked back over to the chairs, and sat down. Crossing her arms, she gave the guard a stern look, "We'll wait right here until Warden Berry can see us."

The guard sighed, shaking his head, "You're going to be waiting a long time, ma'am."

"Then we'll just have to wait." Her position was strengthened when Rhodey and Happy sat down too, one on each side of her.

The guard shook his head again, and after one last look at her, he disappeared outside of the door.

"Pepper, are you sure about this?" Rhodey asked as soon as he was gone.

"Yeah, Boss, are you sure about this?" Happy added.

"I am," she replied, "I can't leave until I hear that Tony is okay."

"Tony was granted a stay by the President and the Courts. You know that he's as safe as this kind of situation allows, right?"

She nodded, "I know… I know all that but I still need to _hear_ it directly from the warden that they're not going to do anything to Tony tonight."

Rhodey sighed, nodded, completely understanding her need. "You know actually I'll feel better if I hear the man say the words too."

Silence fell over the three of them as each of them got lost in their thoughts. Ten minutes since the guard had left them alone when Rhodey noticed that Pepper was staring at the curtains covering the window to the execution chamber. He had been about to say something to her but the warden walked in right at the moment.

"You asked to see me?" he asked, approaching them.

Pepper nods, "Yes, I did. I want to you about is going to happen to Tony tonight?"

"Nothing will happen to Mr. Stark tonight. He's already been returned to his cell for the night."

"You're just going to lock him up again? That's all?"

The warden nodded, "Yes, that's all, and I give you my solemn word, Mrs. Stark, that your husband is completely safe tonight, and ne will continue to be until the Court of Appeals have made their ruling."

Pepper stared at him for a long moment, trying to judge his sincerity. She thought back on her dealings with him and could not think of one instance when he had been dishonest with her. Finally she nodded, and said, "Thank you, Mr. Berry for your reassurances. I… I already knew that he was safe but I think I needed to hear you actually say the words too."

"Of course, Mrs. Stark. I understand. Now-"

"May I see Tony?" Pepper blurted, unable to stop herself. When she saw him frown, she quickly added, "Please, Mr. Berry, may I see him?"

The warden shook his head, "No, I'm sorry but aside from the fact that such a visit at this hour being against the established visitation rules, Mr. Stark has already back in his cell, and has already fallen asleep."

"Tony is already asleep?" Pepper asked, skepticism distorting her face.

"Yes, ma'am."

"Please understand that I'm not trying to call you a liar, Warden, but I know my husband rather well. I know that after something as… stressful as almost being executed is, Tony isn't going to be able to go to sleep too easily."

"If he can at all!" Rhodey added, knowing well about his best friend's struggles with insomnia.

The prison official looked back and forth between them before he said, "Mr. Stark is asleep at this moment after requesting the help of our doctor, who in turn gave Mr. Stark a sedative."

"Tony asked for a sedative?"

"Yes, he did, and he fell asleep within a few minutes of receiving it."

"If he fell asleep within minutes, then the doctor must have given him a shot?"

"Yes."

"I know, you both think it is strange that Mr. Stark would ask for an injection so soon after his execution by lethal injection was stayed at the last possible second," the warden, looking at them both, and seeing their skepticism.

"Wouldn't you?" Happy interjected, adding his voice to the conversation.

"Indeed I would, Mr. Hogan. But the fact is, Mr. Stark was exhausted by both the ordeal of what he experienced tonight, but also the fact he didn't get much sleep the night before. After I assured him that we would do nothing to harm him tonight, or until after the Courts have given their decision, I suggested that he get some rest. He informed me that although exhausted, his mind wasn't going to quieten enough for him to be able to sleep. So I made the suggestion that he should allow our physician to give him something, and he agreed."

The prison official had always been honest with her about Tony and what was going to happen in his situation. Pepper reminded herself of this several times before nodding, then asking, "Well since I can't see him tonight, I want to know will you let me see him on Friday?" She hoped with everything in her they would be allowed to resume the normal visiting schedule they'd had been allowed to have up until now.

"Yes, of course. Just come at the usual time for your visits and you will be allowed to see Mr. Stark."

"Will we be in the same-"

"No, I'm afraid not. I permitted you both to be in the same for this last visit because of what was supposed to have happened to Mr. Stark last night. With the stay being granted things have returned to as normal as they can be in this situation, so your visits must return to their _normal_ as well. I hope you understand,"

Pepper sighed, but nodded, "Yes, I understand."

A click of silence passed, and then Rhodey said, "Well if that's all you wanted to say…"

She nodded.

"Then I guess we should go. Stop taking up the warden's time?

It was clear that she was reluctant to agree, but finally Pepper nodded, and murmured a quiet, "Okay."

With her hand still in his, Rhodey got up and helped her to stand. Happy quickly joined them when they all when Pepper visibly swayed a little on her feet. Gripping her arm with his other hand, the former military man said, "Whoa there! Are you okay?"

She raised a hand to her forehead, "Yeah, yeah I'm okay. I think I just got up a little too quickly is all"

"You sure, Boss?" Happy said, taking a hold of her other arm to steady her.

Pepper nodded, "I'm fine, Happy. Thank you."

"Are you certain that you are fine, Mrs. Stark? If you need a doctor, I will be happy to ask Doctor Weaver to come take a look."

She looked at him, "Thank you, Mr. Berry, but no. I got up too quick is all, and like Tony, I didn't get too much sleep last night. I just need some sleep is all. Jim?"

Rhodey frowned, not reassured by her reassurances, "We'll take it easy getting out of here. Okay?" Once she had nodded a confirmation, he glanced in the direction of the warden.

The prison official gave them a concerned look but since none of them were under his supervision, said, "If you'll follow Officer Brown, he will escort you out of the prison." With one final nod, the man disappeared through the door he had entered from.

Once he was gone, Rhodey wrapped an arm around Pepper's shoulders, and said, "Come on, there's nothing else we can do here tonight so let's get out of here, hmm?"

She nodded, "Okay."

The guard patiently waited for their attention, and said, "Alright if you'll follow me please?" They followed the officer as he lead them out of the prison with Happy leading the way after him. After several checkpoints and gates they finally reached the last one before the door.

Pepper and Rhodey hung back a minute to let Happy look around outside, and to the bodyguard's relief, the immediate area was empty. He turned around, and told them, "Okay the coast looks clear all the way to the car."

Not wanting to give the media anymore ammunition than he had to, Rhodey dropped his arm from around Pepper's shoulders, and took a hold of her hand instead, and waited for her to respond to Happy. When she didn't say anything he said, "Okay, let's go."

With a nod, Happy opened the door, allowed them to exit the building then hurried to take a defensive position in front of them in case the coast wasn't as clear as he thought it was.

It wasn't.

A lone reporter followed by a cameraman popped out from behind one of the other few cars still remaining in the parking area. The reporter was immediately recognized by all three as having been one of the representatives present in the witness room they'd been in. He held up a microphone as he approached them quickly, knowing that he didn't have much time before they'd in the car and driving away.

"Mrs. Stark!" he called, "How do you feel about your husband's last minute stay?"

The look Pepper gave the man resembled that of a deer caught in headlights, and when it looked like she might actually dignify the idiot with an answer, Rhodey quickly said, "You don't have to answer that."

She nodded, and wrapped her free hand around Rhodey's arm, pressing in closer to him as the reporter tried a few more asinine questions that they ignored. When they reached the car after what felt like a short eternity, Happy had the door opened, and they both quickly scooted inside as fast as they possibly could. They moved fast but not fast enough to keep from hearing the last barb he hurled at them.

"Mrs. Stark, General Rhodes, are you having an affair?"

Happy shut the door rather forcefully just as the reporter's question sank into their ears. Pepper's mouth dropped in surprise which was quickly followed by a look of anger. Rhodey for his part went straight to disgusted anger, and he put his hand on the handle to open the door.

She put a hand on his arm, and murmured, "Jim... don't. He's not worth it. Anyone who knows us knows how preposterous his question was.

He looked at her, and nodded, "You're right, he's not worth it, and I know that everyone who knows us knows that isn't what's going on between us. He's just trying to get a response from us."

"Exactly," she replied, then looked towards the front of the car where the privacy screen was down, "Where's Happy?"

Both their heads turned to look out of the window.

Pepper let out a breath of relief since she had been afraid she would turn her head just in time to see the security man punch the reporter's light out. Since the car wasn't on, she couldn't lower the window so she settled on reaching across Rhodey and tapping the window.

Happy broke his angry stare with the reporter to look back in their direction.

"Let's go," she slowly said, carefully to enunciate so he'd know what she was saying.

The security man looked like he was thinking about going against what she just said, but then knowing it was better if he didn't, finally turned his back to the reporter, and and climbed into the front of the car. He started the engine without another word, and started to drive them out of the parking lot.

* * *

 **EN:** I love Aaron Pierce and I couldn't resist inserting him into this story, and as the tags say he is **not** related to Alexander Pierce!


	31. Chapter 31

After he finished speaking with Pepper, the warden returned to the holding area where he found Doctor Weaver was just leaving the area. He knew the prison doctor had stayed this long to be certain that there were no adverse side effects from the sedative he had given their prisoner. The man looked as tired as he felt, so he allowed the doctor to leave without saying another word to him. He walked over to the cell, and for a few minutes stared at the back of the man sleeping inside.

Once he was certain that Tony was not going to wake up again anytime soon, he walked over to the desk where the guard who was on duty that night was seated, and asked, "When does your shift end?"

"My shift's over eight A.M., sir."

The warden looked back at the holding cell, "I should be back on myself by then. But if I am not, I want instructions left for whoever is on duty next.

The guard took out a clean sheet of paper, grabbed a pen, and waited for him to give the instructions he wanted followed regarding their prisoner.

"If he's not awake by the time they've come on duty, Mr. Stark is not to be disturbed. He's to be left alone because I want him to get as much sleep as he's able to get."

He knew that they needed to move Tony back to his former cell. But, he decided, that could wait until the man had gotten some sleep.

The guard's voice brought him out of his thoughts. "Yes, sir. I'll make sure that Cellante knows that Stark is not to be disturbed."

"Thank you. I-" A sudden yawn from his own mouth cut the warden off, and after putting a hand over his mouth to stifle the rest, he continued sheepishly, "Perhaps I should go get some sleep now myself. The rest of today isn't going to be as long as yesterday was, but I still need to few hours of sleep to get through it."

"I can understand that. Are you going home then, sir?"

After a moment of hesitation and some thought he answered, "Yes, I think I am. Deputy Warden Maxson will be here for the rest of the night. Goodnight."

"Goodnight sir."

"Goodnight."

* * *

There was complete silence in the car until they had been driving for a few minutes, and Pepper took in a sudden, deep breath. She covered her mouth as a sob escaped her throat and she started crying again.

Wrapping an arm around her, Rhodey pulled her closer to him.

"I'm... I'm sorry," she said into his shoulder.

"For what? You've got nothing to be sorry for."

"For crying again... when you'd... think I would be all cried out!"

"Hey, I think you're more than entitled after being on the kind emotional roller coaster ride that no one in their right mind would want to be stuck on for months on end now." He noticed that Happy was watching them in the rearview mirror and when their eyes met, the security man nodded his head every so slightly before returning his attention to the road.

Except for Pepper's quiet sobbing, the car was silent for the rest of the eight minutes it took to reach the house. Once there, Happy parked the car, and at his insistence they stayed in it with the doors locked.

"I don't put anything past these bozos. Not even in a gated community!" he told them before he went inside to check the house.

While they waited, Rhodey quietly said, "It's way too late... or too early, depending on how you look at to be eating anything so why don't I make you some kind of tea to help you get to sleep?" He held his breath, expecting her to argue the point, and say that he didn't need to take care of her.

"Okay," she murmured as the door opened, and Happy stood on the other side.

"All clear."

They climbed out of the car, and Happy would have followed them into the house if Pepper hadn't turned at the door to tell him, "You don't have to come in with us."

"I-"

"Happy, you've seen us to the door and we're fine. You checked the house and everything's fine. It's been a very long day... for all of us. Go get some sleep."

He looked like he wanted to argue, but when Rhodey caught his eye, he just nodded instead, "Okay, promise me you'll call me if you need anything?

"We will, Happy," Pepper promised, "Thank you."

"Alright I'm heading to the guest house now. Good night... morning, whatever!"

"Goodnight, Happy,"

"'Night."

Rhodey locked the door behind them, and he headed into the kitchen while calling out, "Why don't you go get ready for bed while I put on the tea?"

He didn't hear a response from her, but he wasn't expecting to be able to hear her in the kitchen anyway. So he filled up the kettle, put it back on the stove to heat, and looked out into the living room where he'd last seen Pepper. He was glad to see the room was empty and even more glad to hear the water being turned on upstairs since that meant Pepper was taking a shower.

After a few minutes, the kettle started to whistle, so he took it off the heat, divided the hot water evenly between two mugs where he'd already placed herbal tea bags. Since he knew Pepper preferred to use honey to sweeten her tea, he stirred in a few teaspoons into hers, and leaves his own cup alone.

Pepper returns downstairs just as the tea had cooled enough for them to sip on without scalding their mouths. She takes her mug with a quiet, "Thank you."

"You're welcome."

She curls up on the couch while he sits down in the armchair across from it. They sit sipping on their tea without talking. There's nothing to say, and they're too both exhausted for conversation anyway.

Pepper broke the silence after ten minutes when she saw him yawning, "You should go onto bed."

"So should you."

"Mmm."

"Pepper-"

"Don't. Please just don't."

"But you're exhausted."

"So are you."

"I'm good."

"Oh please, Jim! I saw you yawning!"

Rhodey shrugged, and covered his mouth again, yawning, "Oh this? This is just me getting my second wind is all this..." He paused to yawn again, "... is."

"You're not going to bed unless I go to bed, are you?"

"Nope."

She sighed, and leaned forward to put down her mug on the coffee, "Okay, I get the message. I can't promise I'll sleep, but I'm going to bed anyway."

Thankful she was finally going to try to go to bed, Rhodey stood up, set his mug down on the coffee table too, and then followed her upstairs. Pepper paused when she reached her bedroom door, and looked back at him.

"You know I grew up as an only child because my father said my mother was the only woman for him and he never remarried after we lost her. Because of that, I never knew what it was like to have a brother to annoy me... or to be someone I could lean on. I just want you to know that's changed." She reached over to give him a quick peck on the cheek before disappearing into her bedroom and shutting the door.

* * *

He was bone tired by the time he entered the room he had slept in the night before

he does anything else, he digs out a t-shirt and sleep pants from the suitcase had retrieved for him from his hotel.

It's only after he's changed does he pick up his phone from the nightstand and switch it back on to check if there are any messages. There are a few that he recognizes as being from his former colleagues in the Air Force. He skims over them as he's not really interested in what they might have to say right now because he is looking for name in particular.

He finally stopped scrolling when he found the listing for Rambeau, Monica. The number three was beside her name, and he doubled tapped the screen to open up the text window.

 **We're all praying for Tony here, James. Just don't lose hope, ok? - Received 6:55pm**

 **They just announced the stay on the news here and all I can say is THANK GOD! It's about time they came to their senses! - Received at 10:29pm**

 **Honey, I know u r probably still dealing w this. I just wanted to let you know that you can call me tonight once its settled 4 the nite, Even if its late, & u need to talk CALL ME, James. Love you! - Received at 11:01pm **

**He stared at her last message for a full minute, his thumb hovering over the call button, debating on whether or not he should take her up on the offer. He did want to talk to her but didn't want to wake her up since it was after two in the morning.**

 **Even if its late, & u need to talk CALL ME, James.**

Well, he still didn't want to wake her if she wasn't already awake so he tapped out a text message.

 **Just got ur messages, Moni. Didn't want 2 wake u so sending this message instead U can call me if u r awake if not we can talk 2morrow. Love u 2! - Sent 2:23am**

When he didn't get a response to his text after a minute, he reached over to lay the phone on the nightstand, when he felt it begin to vibrate. A quick glance at the screen confirmed that there was an incoming call from Monica. He pressed the talk button and moved the phone up to his ear.

"Hello, Moni?"

"Of course, it's me. Who else would it be?" She shot back, her tone of voice soft with a hint of teasing.

He smiled, "It's good to hear your voice. I've missed you."

"Yeah, me too. Look, I know we agreed that we wouldn't physically see each other while all this is going on but James, that doesn't mean you couldn't have been calling me more all this time… especially if you needed someone to talk to." She heard him give a long, deep sigh.

"I know you're there if I need to talk. It's just on most nights since this started I've barely had the energy to sleep, let alone carry on a conversation."

"And you wouldn't have to, honey. If you want to call me, say hello and nothing else, that's fine. If you need to me to carry on a one sided conversation, that's fine too. Or if you want nothing more for us to just sit and listen to the sound of each other breathing, that's fine."

"Careful, I might take you up on..." he yawned, "on us just listening to each other breathing thing."

"Well, I meant what I said, James. Whatever will help you while this… ordeal is going on." When she heard him yawn again she said, "I'm here honey, whenever you need me but I think right now you probably need to go to bed."

He couldn't hold back the face splitting yawn, "Yeah, I... think I better since… since I won't be able to keep my… eyes open much longer."

"I'm sorry."

"Please don't apologize... you have no reason to. Not with the kind of day you… almost had."

Another yawn, "Yeah okay, I am going to bed. I'm tired... and I can't stay awake 'nother minute. 'Sides, don't you... have work 'morrow?"

"Yeah but it's not a big deal."

If he heard her answer about having work the next day, he didn't indicate it. Instead he said around a yawn, "'Night. I love you."

"I love you too. Get some sleep, hmm?"

"'Kay."


	32. Chapter 32

**AN:** Short-ish update, sorry.

* * *

"Okay, so why aren't you guys taking me back to my cell?" Tony asked when he realized that they weren't walking in the right direction.

A few beats of silence passed before the guard answered, "Because the warden wants to see you."

Fortunately he didn't have long to wonder why the man wanted to see him as they arrived at the familiar visitation room where he had been spent most of what were supposed to have been his final hours on his execution day with Pepper. The warden was seated in a chair close to the table but not so he'd be within his charge's reach once the guards had secured Tony to the table.

The prison official waited patiently for the guard to secure his shackles to the table, and leave before he spoke, "How are you doing, Mr. Stark?"

Tony swallowed and shrugged, "Fine, I guess - for someone whose time is quickly running out again."

The other man nodded, "Yes, that is what I wished to talk to you about actually, and I am sure you have some questions as well."

"Um, yeah, I do like what will happen exactly after my stay expires? Will I… will I be executed on the day or the day after it expires?"

The warden shook his head, "No, you won't be executed on the precise day it expires. And it's very likely not on the following day either."

"Then when?"

"We will have to wait until a new death warrant has been issued, and once that happens the court will set a new execution date for you. I would estimate that your execution would be carried out within probably a week of the stay's expiration."

"So I have less than two weeks left to live if the courts don't clear me?"

"Yes."

Tony swallowed, "Would things happen the way they did before?"

"The same procedures would be followed, yes."

"No, what I mean is would… could I see my wife that day?"

"Yes, Mr. Stark," the warden replied with a nod, "Visitation for the condemned with their family and friends is not something that would be taken away just because this is the second time it is happening." He saw the pained relief on the other man's face. "Is there anyone else you would like to see along with Mrs. Stark?"

"No, just Pepper."

"Alright, then if the time comes again, then you'll be able to see her on that day. Is there anything else you want to ask me or wish to know?"

"Yes, would I get another last request?"

"Yes, everything will be like it was before, which includes any last requests you have that are within reason, such as the hot shower you asked for before."

"I'll go ahead save you the suspense about what I'll ask for and it's the same thing I asked before."

"Then if things come to it, I will be sure to make preparations for your request to be fulfilled."

"Thank you."

The warden nodded, and a moment of silence went by, "Is there anything else, Mr. Stark, before you are returned to your cell?"

Tony swallowed, and nodded, "Yeah, there is one more thing that maybe I should... warn you about now. You know how before when my... when my execution was supposed to happen? I... uh..."

"Yes?"

"You know _how_ you didn't have the guards put me in restraints because you said you believe in giving even a condemned man a chance to keep one last shred of dignity?"

"Yes, I do."

"Well, uh I think if I'm not cleared and you have to... have execute me, I think it might be a good idea if you tell the guards to put me in restraints because... because I am not sure I will be able to walk into that room again so calmly knowing that _this_ time I won't be walking out of it alive."

"if you think that would be best."

"I do because it took everything I had in me not to resist or fight the guards when I had to take that walk the first time around. I don't think I can do it again under my own power. I-I think the only reason I was... I was able to do it the time before is because you caught me off guard with it. Now that I know about it ahead of time, I am pretty sure that I _won't_ be able to do it again."

"Very well, I will let the team leader know that you will need to be put into restraints if things come to that moment again."

Tony nodded.

Sensing that was all the billionaire had wanted to say, the prison official said, "I sincerely hope that we won't get to that moment again, . But if we do, I will try to see to it that it will be as easy on you as it can be given the situation."

"While I can't really say thank you for your... uh consideration, but that doesn't mean I am not appreciative for it."

"I understand. Is there anything else we need to cover?"

Tony shook his head.

The warden waited a moment, then looked over at guard on the left side of the room, nodding. As the guards moved towards Tony, he said, "If that is all, Mr. Stark, they'll return you to your cell."

"Okay."

The man stood up to leave, and only stopped long enough to add, "I will be speaking to you again soon."


	33. Chapter 33

Pepper had only been in bed for an hour when her cell phone's ringing awakened her out of a dead sleep. The phone kept ringing as she laid there for a moment, unable to hardly move or breathe because she had recognized the ringtone immediately as belong to Robert Rooney.

Tony's primary defense lawyer calling her in the middle of the night can't be a good sign, can it?

Of course she knows the answer to that question is an emphatic no. But she knows that can't shut out whatever news Rooney's calling to give her. She needs to answer her phone. So she swallows down the lump in her throat, makes herself take in a deep breath, and then makes herself move to extend a trembling hand to pick the phone up from the nightstand.

She presses the answer button, and bring the phone up to her ear, "Hello?"

The dial tone is the only thing she hears.

"Hello?"

She moved the phone back to check the screen, and she saw the words **CALLED ENDED**. The name above it confirmed that it was indeed Robert Rooney who was calling, and all she could do was stare at the man's name. She jumped a second later when the chime for her voicemail sounded indicating that he'd left a message.

What had he said?

"There's only one way to find out," she muttered, shaking herself out of the daze. Her finger was on the button to dial her voice mail box when phone on the nightstand started ringing. She immediately put her cell aside, and picked up that phone, "Mr. Rooney? Hello?"

"Yes, Mrs. Stark, it's Robert Rooney. I just received a call from a representative of the Department of Justice..."

 _Here it comes_ , she thought as she heard him take a breath.

"I'm sorry but the courts say the evidence the President was given isn't enough to prove Mr. Stark innocence."

"No," she whispered.

"I'm sorry but they also lifted the stay of execution, effective immediately, and... and a tentative date has been set."

"W-when?" Pepper heard herself ask.

"Next Wednesday, November 10th."

"No, no, no, no. Please _no_! Don't let this be real! Please tell me that this is _not_ real!"

The lawyer sighed again, "I'm so sorry, Mrs. Stark, I'm afraid that this is real, and barring an honest to goodness miracle of a Presidential pardon being issued, Mr. Stark will be executed this time."

Tears flooded as she began groaning, "No! No! No! Please nooooooooooooo! Please let me wake up! I want to wake up now! Please someone wake me up _now_!"

"I am so sorry, Mrs. Stark."

Dropping the phone, Pepper tilted her head back and began to wail because her worst nightmare had just come true.

Tony is going to die.

* * *

"Ahhhhhhhhhhh!" Pepper screamed as she set up in bed, tears streaming down her . Her breath came in short heaves as she remembered the nightmare that had woken her up.

 _Tony is going to die._

 _Tony is going to die._

 _Tony is going to die._

Wait! It was a dream, right? She looked around her room, undecided on whether or not she dreamed the entire conversation with Rooney or not. It **had** to be a dream because the alternative wasn't _real_ and her husband had less than a week left to live.

Her hand went up to her mouth, clutching it tightly to stifle the sob trying to wrench its way out of her throat at the thought.

 _No!_ she told herself, _It was just a dream. A very bad dream. You didn't get a phone call from Robert Rooney. They've not decided anything on Tony yet and when they do, they're going to exonerate him. He's going to be cleared. He's going to come home to us... to you and soon all of this will be just a very bad memory._

Pepper managed to calm herself down from the fearful tears the dream had caused by taking deep breaths as she thought, and by picking up her phone to look at the screen. The last time Rooney's name appears in her call log was several days ago when he called her to tell her things she pretty much already knew.

Once she was finally reassured that yes she had been dreaming, so she put her phone back on the nightstand, and then laid back down to get back to sleep. Tomorrow wasn't a visit day with Tony but she could write a letter to him, and that's exactly what she was going to do. After taking one last deep breath, she wiped the remaining tears from her face, and closed her eyes.

 _RING RING RING_

Her eyes snapped open, and she swallowed hard. Her phone was sounding off the distinct ringtone she had picked for Robert Rooney again, only this time it was not a dream. She sat up again, making herself not only pick up the phone, but also press the talk button as well since she didn't want to repeat what she had dreamed in real life because the dream had not been a premonition.

"H-hello?" Pepper said, immediately annoyed at how shaky her voice sounded.

"Mrs. Stark?"

"Yes, it's me."

"Hello, ma'am, in case my name didn't come up or you don't recognize my voice since I'm making this call at such a late hour first let me say that this is Robert Rooney, Mr. Stark's attorney."

"Yes, Mr. Rooney, I know who you are. I presume that you're calling me this late because you have... you have some news regarding the Court of Appeals' decision?"

"Yes, that's correct."

Pepper took a deep breath, trying to prepare herself for the worst, then said, "Go ahead, I'm listening. Is it bad news?"

"No, Mrs. Stark, the news I have isn't bad. It's actually the best news I could hope to share. The court has not made this public knowledge as of yet, but just moments ago I was informed that Mr. Stark has been fully exonerated and cleared of all charges."

"W-what?" Pepper said, as though she couldn't believe her ears.

There was a smile present in the lawyer's voice when he repeated, "Mr. Stark has been cleared andas a result of his exoneration, they've also overturned the guilty verdict along with his sentence of death."

After silence reigned on the line for more than twenty seconds, Rooney asked, "Mrs. Stark, are you still there?"

"Y-yes, I'm here. What does this mean?"

"It means that Mr. Stark... Tony will soon be a completely free man walking out of federal Death Row."

Tears of relieved gratitude flooded down Pepper's face, "How soon will they let him out of there?"

"Tonight."

"You mean I can go to the prison now and they'd let him leave with me?"

"Well, there are a few things that they will need him to sign before they release him but yes as soon as they finish with those thing, Mr. Stark will be able to leave with you."

"He has to sign something?"

"Yes, but it's for nothing big. You should be getting a call from either Warden Berry or the Deputy Warden in a few minutes. They will probably go over this with you. But Mrs. Stark?"

"Yes?"

"You can relax now. Tony has been exonerated and he's coming home to you and your children."

Pepper's hand had been clutching her mouth as she tried to hold back the tears of joy. She took a deep breath, and released her hold before whispering into the phone, "T-thank you."

"You don't owe me any thanks, ma'am. It's the Avengers who deserve the credit alone. If they hadn't had the guts to do whatever it took to get to the President... well we wouldn't be having this conversation now."

She had her mouth opened to say that she knew how much they owed the team but the house phone started ringing.

"Ah that would be either Warden Berry or the Deputy Warden Maxson I imagine. I'll let you go now so that you can talk to them. I'd also wish you a good night but I don't need to because I know it being a good night is a shoein now. I'll talk to you soon and Mr. Stark soon."

Pepper put her phone down, and covered her face. She allowed herself to sob in relief for a few moments, and the phone stopped ringing a few seconds later.

 _You're coming home! Oh, Tony, you're coming back home to me!_

When the phone started ringing again a few minutes later, Pepper wiped her face, and reached out to pick up the phone. She hoped that the man on the other end was the Warden himself, and not Deputy Warden Maxson. She had dealt with the man exactly twice since this whole thing began, and she really did not like him or his personality. But really what did that matter now? If it was Maxson, she'd listen to what he had to say and then she'd be on her way to the prison to bring home the love of her life.

"Hello?"

"Mrs. Stark?"

"Yes?"

"Hello, this is Deputy Warden Thomas Maxson at..."

The call with Maxson ended about ten minutes later, and the moment Pepper hung up the phone, she allowed herself another few minutes to cry in sheer relief. Their nightmare was _finally_ over! Soon she would have Tony back in her arms, and once he was there, she promised herself that she would never ever let go of him again.

Although she wanted to cry until she was exhausted, she made herself grab some tissue to clean her face and blow her nose instead. She then picked up the house phone, and hit the speed dial for the guest house where Happy was staying.

"Yeah?" a sleepy voice asked after a few rings.

"Happy, it's me. I know you were in bed and I'm sorry to have to get you out of it, but I need to you to get dressed. I just got a call from Tony's lawyer, and he's been cleared." She heard the phone drop before being hastily picked up again, and Happy's breathless voice speaking into it again.

"What? What did you say?"

"I said Tony has been cleared by the courts! Happy, he's been exonerated and they're letting him out of prison tonight!" Tears trickled down her face as she got up to head into the bathroom.

"And they're okay with us coming to pick him up right _now_?"

"Yes, they are. The deputy warden called me a few minutes after I hung up with Rooney. He said as soon as we can get there and they finish with the few things they need Tony to sign, he can leave with us." She heard shuffling from the security man's end of the line so she knew he was up and out of bed.

"Okay, let me grab like a five minutes shower and maybe grab some coffee. I'll meet you outside the front of the main house in what about ten minutes?"

Pepper nodded as though he could see her, "Ten minutes then."

She kept things simple when it came to to getting ready by brushing her hair before pulling it back in a ponytail. She didn't bother with much makeup beyond the most basic elements.

After she was basically presentable as she could make herself in such a short amount of time, she went into the room that had been her bedroom for these past months, and opened the small wardrobe.

She pulled out a dark sweater and a pair of slacks out it for herself. She then grabbed the set of clothes she had had in there for Tony since this ordeal had begun which was a pair of his favorite, soft but not too worn out jeans, one of his beloved band t-shirts. A dark leather jacket to keep him warm from the crisp chill of the deepening Fall completed the ensemble.

While she folded the items to out into a carrying bag, she hoped the clothes would still fit her husband since Tony looked like he had lost about twenty-five pounds. In the end, she decided they would be better than Tony having to wear clothing was a little loose than it would be for him to wear something from the prison home because these clothes were the first pieces of home being returned to him.

She hurried out of the door a few minutes later and immediately saw Happy standing by the car with two travel mugs of coffee.

"I thought you might need some too," he said, handing her the travel mug before opening the back door for her.

She climbed into the car, and looked at him, "Thanks, Happy."

The bodyguard nods, and closes the door before climbing into the front. Starting the car, he looked back at her, "Boy, I'm so glad those bozos finally lost interest watching the house twenty-hour seven. Otherwise they'd put the word out about Tony before we even pull out of the driveway."

"Yeah, me too."

When she didn't say anything else, Happy took that as his signal to start driving, which he did.

"Happy?" she began quietly several minutes later.

"Hmm?"

"Am I dreaming all this? Am I still asleep and just dreaming that this is over? Am I dreaming up they finally know Tony's innocent, that he didn't kill those policemen or agents, and they're going to let him come back home? I'm not dreaming this am I? This isn't someone's idea of a cruel joke is it? Because if it is I'll... I'll..."

"Hey, hey, listen to me, okay? This isn't a dream or somebody's idea of a joke. It's over and the boss man is coming home."

* * *

"Mr. Stark?"

Tony's eyes snapped open, immediately looking for the source of the sound… of the voice. He recognized the voice as belonging to Warden Berry, but the fact it sounded so closer than normal to him is what was throwing him off. He turned over, and looked towards the direction of the cell's door, and found it not only open but the man in question was actually standing _inside_ of his cell looking down at him.

Since the day he had arrived, the warden had never been within a few feet of him without Tony being either locked in heavy restraints or having some sort of barrier between them with at least two guards closeby. So to see the man actually _inside_ his cell without him being in restraints or any visible guards was a little unnerving to say the very least.

"I'm sorry if I startled you, Mr. Stark," the prison official apologized after seeing the look on his face.

Tony turned over on his back. He wanted to sit up but figured if he did the guards the couldn't see right now just might appear if he did. "W-what's going on?"

"The United States Court of Appeals has handed down their decision regarding your case, Mr. Stark."

Tony swallowed hard, trying to prepare himself for the worst. The fact the warden was standing inside his cell should have been a great clue what he was about to say. But after months of living through this nightmare with only grief and exhaustion as his companions, Tony couldn't reach that conclusion on his own.

"Mr. Stark?"

He jumped, "What?"

"Did you hear what I said?"

"No, sorry, I didn't."

"I said that I have good news for you. Very good news as it's exactly what you've been hoping for. You've been completely exonerated and cleared of all the charges."

Tony stared at him dumbstruck, "Does that mean what I think it means?"

The warden smiled, and nodded, "Yes, it does. Both your conviction and your sentence of death have been overturned. In addition to this, I've been ordered to release you immediately from our custody."

"It's over then?"

"Yes, Mr. Stark, it's over."

Sitting up, Tony asked him, "Does my wife know yet? Have you told her?"

"Yes, she should have been given the news right about now. I asked for Deputy Warden Maxson to call her and tell her the news."

Tony couldn't help the sudden laugh that bubbled up inside him and burst out, "Thank you."

The prison official nodded then said, "I imagine that you are most anxious to leave these walls behind, and we will accommodate you as fast as soon as possible with this."

"You imagine right!" the billionaire replied, slowly getting to his feet as not to alarm the other man by making sudden movements.

"Alright we should get the process started then. First, I should ask if there's anything here," he gestured to indicate the rest of the cell, "that you wish to take with you?"

Tony gave the small room a look, grabbed the pictures of his family along with Pepper's nightgown, along with the bundle of her letters she'd written him before saying, "That's all I want. You can consider anything left a donation to this place. If I see any of this stuff again, it'll be too soon."

"The books as well?"

"Yeah, I have no use for any of them. I only read them to keep from being bored out of my mind!" He picked up the closest book, and showed it to the other man, "I mean do you really think I'm the kind of guy to want to read something like _The Hunger Games_?"

The warden smiled, "Point taken. Now, if you'll follow Officer Miles who is waiting just outside this cell, he'll escort you to the showers. I'm sure you'll want to get cleaned up before leaving?"

With a grimace he replied, "If you mean _shower_ like the kind I've had for most of the time I've been here, then no thanks. I'll pass."

"Actually if you'll go with Officer Miles you'll be taken to the showers the guards themselves use and I can assure you, the water is plentiful hot."

"I-"

"If you agree to go there, you'll also find the change of clothes that Mrs. Stark brought with her to the prison."

"Pepper's here?"

"Yes, your wife is here and she's waiting for you at the front."

Tony opened his mouth with a question on his lips, and was stopped by the official.

"Before you ask, you must understand that, for security reasons, visitors are usually are not allowed on the grounds at this time of night. We certainly don't allow them to come inside the prison where inmates are housed. This is especially true where Death Row inmates are house. So with that in mind, you will have to go out to her instead of her coming deeper into the facility to you."

"Which means the sooner we get started, the sooner I get to see her?"

"Yes."

"In that case au revoir, adios, ciao, auf wiedersehen and sayonara to you! I'm outta here!"

While he was speaking the warden had moved over as far as he could to allow Tony a clear path to the door, and he watched with a smile as the billionaire gave him mock salute before walking out of the door of the cell.

The guard was waiting just outside the door just like he'd been told, and there was only one. Just one guard. Seeing just one guard instead of the usual two almost made Tony pause for a moment but then he shrugged.

"Showers?" the guard asked.

He knew taking a shower now would mean it'd take just that much longer for him to get to Pepper, so Tony had his mouth opened to answer the guard in the negative when another idea popped into his head. He closed his mouth, then put his nose as close as he could to his left armpit and sniffed twice. There was definitely an odor there, so he sighed then looked at the guard, "Yeah, showers."

"This way then," the guard said before he did something the guards had never done since he's been here and that is he turned his back on him. Tony watched him walking away for a second, then grinned before he hurried to catch up with the guard.

The warden hadn't been joking about the water in the guards' locker room being _plentiful hot_. He allowed himself to enjoy the warmth of the water for a few minutes before picking up a bar of soap to scrub away the prison.

Eighteen and a half minutes later, Tony was looking into a mirror he had had to defog with a swipe of spare towel, carefully running a razor over his face. Despite thr fact he was anxious to see and to _hold_ Pepper again, he really hadn't wanted to be reunited with her smelling like the prison and he had to admit that it felt so good to be clean once more.


	34. Chapter 34

**AN:** Last update until Saturday! Enjoy!

* * *

The seconds it took for the final gate to open wide enough for him to pass through felt like an eternity. By the time they opened, Tony was bouncing on his feet, his patience all spent getting through the other nine doors between him and Pepper.

"Come on, come on! Open up already!" he growled at the door as though that'd make it move any faster, his eyes never leaving his wife's shiny blue ones.

Pepper stood watching him with her hands covering her mouth, tears trailing down her face in an endless stream. On the outside she appeared more calm than her husband but inside she was no less impatience than he was for the barriers between them to be removed. These final seconds of separation were almost as physically painful as the months of separation they'd already endured. She knew that the only thing that would bring relief she longed for was being able to touch and be touched by Tony again, so she willed for the gate to move faster with every fiber of her being. She found relief for the all the agony the last few months had caused when exactly one microsecond after the gate finally widened enough for him to squeeze through, Tony's lips crashed against hers.

They kissed until the need to take another breathe forced them to separate.

When they finally pulled apart, Tony wrapped his arms around her, pulling her close to him. He was hanging on as though his life depended on it, and he murmured into her ear, "Oh, Pepper baby, I've missed you so much! Not being able to see, touch, or hold you or our kids whenever I wanted to hurt more than anything they did to me in that cave in Afghanistan!"

"I'm going to take you home away from this awful place," Pepper whispered, stroking his hair with her fingers, "And when we get there, I plan on keeping you close to me for a long, long time."

"Believe me, there's nowhere else in the world where I'm gonna want to be more than with you and our kids. Not for a very long, long, _long_ time."

"I love you."

Tony buried his face in neck and just held onto her for a long minute. His voice was still soft when he asked, "Can we get out of here now? Please?"

She pulled back, and looked at him, nodding, "Happy is waiting for us just outside."

Tony intertwined his hand with hers, "Good. Let's go."

She nodded, and she began to lead the way towards the entrance/exit she had used earlier when she entered the prison. As they walked, Pepper couldn't help the number of times she looked at him or squeezed his hand with each being a way of her confirming that she wasn't dreaming, that he was walking out of prison with her a _free_ , living, breathing man.

Happy was waiting for them by the car outside. His face lit up with a relieved smile when he saw Tony walking hand in hand with his wife. Then before he knew what he was doing he had walked over to them, and engulfed Tony in a tremendous bear hug.

For about ten seconds Tony allowed the hug to go on without protest but when Happy didn't let go after that, he started pulling away, "Alright Hap, enough with the manly hug and tears! I get it! I got the idea! You're happy to see me!"

Happy was beet red when he pulled away, and he did actually dab at his eyes as he said, "Sorry, boss. It's just so good to see you walk out of that place instead of what almost happened!"

Pepper couldn't help her giggle as she watched them. All of their moods sobered with the security man's mention of Tony's death sentence and almost execution.

"Uh yeah, Hap, thanks."

The other man sniffed as he turned to open the car door for them, "Why don't I get you two away from here?"

Taking Tony's hand again, Pepper replied softly, "Sounds like a wonderful idea."

"Yeah, let's blow this joint, hmm?" Tony said before getting into the car, and extending his hand to Pepper.

Happy closed the door behind them, and took his place behind the driver's wheel. He intended to put up the privacy screen for them but first there was a question that he needed to ask, "Where to? The house or airport?"

"House."

"Airport… wait _what_ house?"

Pepper sighed, "The house I rented while you were… here."

Tony nodded, "Okay, why do you want to go there tonight?"

"Because you're obviously exhausted?"

"But I want to get as many miles as we can put between us and this place _tonight_."

"But-"

"Pepper, please, I want to go _home_ ," he pleaded, pulling her hand up to his mouth to kiss it before he began rubbing his thumb over the back. "Let's go home tonight… if you're not too tired?"

Pepper looked at him for a long moment, and sighed, "Okay, if you're sure-"

"I am."

"We'll go home then. Take us to the airport, Happy."

"Yes, ma'am," he replied with a salute before hitting the button to put up the privacy screen.

As the car began rolling out of the prison, Tony stared into his wife's eyes, "I love you." He kissed her hand again, the caressed her face, "I really hope that you're ready to hear that a lot because I am going to be like the most epic broken record of all time in the history of the world. I'm gonna say that to you several times a day for every single day that we have for the rest of my life."

She leaned towards him, pressing her lips against in a gentle kiss of renewal, and then touched her forehead to his as she said, "You're my world, you know. You and our kids… I don't need _anything_ else as long as I have you and them with me. I'm gonna spend the rest of my life with you showing how grateful I am that you're still here with us, that you're still in my... our _world_."

They stayed that way for a few minutes until Tony sat back. He was still holding her hand, staring at the rings on it, and sighed, "I guess we'll have to find a replacement for mine as soon as things get settle down."

"A replacement for what?"

He released her hand so he could hold up his left hand to her what he was talking about, "My ring. It wasn't in among the stuff of mine when they returned my personal effects to me. I guess it got lost or maybe sto-"

Pepper cut him off by putting a finger of her other hand over his mouth, "It's not lost or stolen." Reaching inside of her sweater, Pepper pulled out a chain, "It's here."

When he reached out to take the chain from her hand, she moved it out of his reach, "No, let me do this."

"Okay," he said softly, watching her.

Pepper unlatched the necklace, and removed his ring off of it. Putting the chain down in her lap for the moment, she lifted his left hand with her right. With all the gentleness in the world, she slid the ring onto the finger on which it belonged before she lifted his entire hand to her mouth, and pressed a kiss on the back.

"There. Back where it should have always been."

"I love you,"

She kissed his hand again.

He looked at his ring for a long time after, "Feels good to have it back. My hand didn't feel right without it on. I mean they offered me one to wear while I was in there but it didn't feel right."

"Why? Because it was really cheap?"

"No," he said looking at her sharply, "No, of course not! You know that wasn't the reason at all!"

He yawned, and leaned his head back on the back of the seat, slumping down on it.

"Why?"

"Huh?"

"Then why didn't you take the replacement?"

"Well, because I wanted my own ring. The ring you chose for me, not some poor imitation."

She smiled.

"I'm so glad that you had mine with you all this time."

"Me too. It helped having it with me."

"Close to your heart."

"Close to my heart."

A moment of silence fell over them and was interrupted by Tony yawning as his exhaustion was had finally started to overwhelm him. When she look over at him, Pepper could see that he was fighting to keep his eyes from closing now. So Pepper watched him for another moment then she placed her hand softly on the other side of his face then gently guided his head towards her shoulder.

"Come here," she said tenderly, kissing his brow as his head settled into place on the offered pillow.

"Sorry," he muttered. "Just…. can't keep… my eyes open 'nymore."

"I know, I know." Pepper began stroking his hair, and after kissing him again, said, "Shhh, you have nothing to be sorry for. I know you're completely worn out."

"Mmmhmm."

"We've got an hour's drive to the airport. It's alright if you go to sleep, baby. I'm here and I'm not going anywhere. It's okay if you want to go to sleep, okay?" She felt him nod. "Go to sleep."

"Mmmkay. Love you," Tony said, wrapping an arm around her waist before succumbing to his exhaustion.

"I love you too."

Pepper continued to kiss him and stroke his hair all the way to the airport, pausing only long enough occasionally to wipe away a few stray tears, so thankful to have him laying against her resting, alive, and warm after they… after she had almost lost him.

It was going to take some time but Pepper hoped and prayed that one day she might be able to forget the image of him laying strapped down on that gurney. It had only been a few minutes of time, but if she closed her eyes right now she could see him laying there with the white sheet covering his body, waiting to die in the moment when they sent the drugs rushing through the IVs they had inserted into his arms.

A grunt from Tony brought her out of her thoughts, and immediately she tightened her hold on him.

"No… no! I wanna see Pepper. Please she's… she's the only thing that matters to me. Please… please…"

Uncertain what to do at first, Pepper could only sit there and listen as he begged someone that she could not see, to allow him to see her. Was he reliving the day of his execution in his dreams or was this a new torment his mind concocted because it didn't understand fully yet that he had been exonerated? She didn't know which it was and she didn't care. All she knew he was being haunted in his sleep, and she had to put a stop to it.

She kissed the top of his head, and breathed soothing words tenderly into his hair, "Shh, Tony, I'm here. I'm right here and I'm not going anywhere again. No one is _ever_ going to separate us like that I again. I promise you that it is **never** going to happen again!". Her words must have gotten through to his unconscious mind because she felt him relax against her again.

The rest of their drive to the airport was uneventful, and Pepper allowed him to sleep until she felt the car roll to a stop. Knowing Happy would open their door any second, she kissed his brow, and patted his shoulder, "Tony?" There was no response from him other than a snort or a snore, she wasn't sure which, so she tried again, "Tony, honey, you need to wake up."

"Mmm."

"I know that you're still sleepy, and I'm sorry but we're at the airport now."

The whine that emanated deep from within her husband's throat reminded Pepper so much of their son that she couldn't help but smile, or doing what she usually did when Ethan didn't want to get up out of bed. Running her fingers up and down his spine she said, "You know, if you want to, you can sleep more on the plane after we've taken off."

He nodded while still leaning against her, then he pulled away. He yawned and rubbed his eyes, "Yeah, that sounds like a plan to me."

Before another word could be said, their door opened and Happy stood back on the other side, waiting for them to get out. With a nod, Tony slid out and immediately turned around to offer Pepper his hand as she got out of the car. Happy closed the door behind them, and followed them as they walked hand in hand into the airport together.

Ten minutes later they were secured into their seats in their private jet, waiting for the pilot to receive final clearance for takeoff. They were silent as they waited, electing to conserve what little energy they both had left. The ordeal of these past six months had depleted every last ounce of fortitude they may have had in their reserves. All they wanted now was to just go home, and heal by being with the people they love.

Tony held onto Pepper's hand while they waited for takeoff, rubbing his thumb against the back of it. He stared out at the runway as they slowly taxied down it into position. Pepper didn't say anything, watching her husband as he watched that was happening with the jet.

"We're fixing to take off," he murmured after they felt the jet come to a stop.

A chime over the intercom confirmed his supposition a split second later, and they each began a mental countdown knowing that in two minutes they'd feel the jet zoom down the runway then began its ascent. They weren't wrong: first they zoomed and then were pressed back into their seats as they aircraft climbed upwards into the air. Once they leveled off and given the all clear, Tony unbuckled his seatbelt right away. Pepper was a bit more slow to do so but soon she freed herself from her seatbelt too.

"Can I get you anything, Mr. Stark? Mrs. Stark?" the attendant asked a moment later as she appeared from the back of the plane. "The bed has fresh sheets on it if you'd like to go lay down." She was of course referring to the bedroom in the back of the jet that was furnished with a king sized bed.

After exchanging a look with her husband, Pepper shook her head, and said "Thank you but I think we're okay here although some pillows and blankets would be nice, Andrea."

Tony nodded, and yawning said, "Yeah, those sound, _great_."

The young woman smiled, "Sure, they're coming right up."

After she disappeared, Pepper turned her eyes back to her husband, and felt immediate concern when she saw he staring blankly at the space in front of him. She touched his arm, and said, "Tony?"

He looked at her blinking, "Huh?"

"What's wrong?"

"Nothing's wrong, or rather nothing's wrong if I'm actually here with you in a private jet bound for New York instead of having some kind of cruel dream." He sighed, squeezing her hand like he was trying to convince himself that he is actually awake, and not dreaming, "I'm not, am I?"

"No, you're not. But I know what you mean. I-"

Andrea reappeared at that moment carrying their requested comfort items. She gave them pillows first, and once those were in place behind their heads, she helped with the spreading out of the blankets. "There, do either of you need anything else?"

"No, I think we're good."

"Are you sure?"

"Yes, thank you, Andrea. Why don't you go get comfortable yourself and get some sleep? I know we got you out of bed because we decided to fly home tonight."

Andrea had a look on her face like she wanted to deny that she wanted to go take a nap herself but then she yawned, then smiled, blushing, "Oh, sorry."

Pepper gave her an all too understanding smile, "Like I said, why don't go get some sleep too while you can? Because..." She looked at Tony who was clearly fighting to keep his eyes open, "we're not going to be awake too much longer ourselves."

The young woman yawned again, and nodded, "Okay, I guess I will go grab a nap." She turned to leave, then stopped, "Mr. Stark?"

Tony opened his eyes to look at her, "Yes?"

"I...uh," she stuttered, then took a deep breath before continuing, "I'm glad things... that they _finally_ figured out that you _didn't_ do what they said you did."

He nodded a _thank you_ , and the young woman quickly continued on her way, disappearing out of sight. "So what were you saying before?"

"Nothing that can't wait until after we've both gotten some sleep," Pepper replied, pushing the button to put her seat back.

"You sure?" Tony replied around another yawn.

"Yeah, I am. Now why don't you put your seat back so we both can get a little sleep? Hmm?"

With a nod, he put his own seat back, finally settling down after fluffing his pillow, and reaching out for his wife's hand.

Pepper readily took his hand, and squeezed it, "I love you."

"I love you."

She looked at him for a few seconds more, then closed her eyes, and felt him staring at her for several seconds more before the feelings went away. She laid there with her eyes closed for a few minutes just listening to the sound of his breathing. Finally when she had not fallen asleep, and she couldn't stand not seeing him a moment longer she opened her eyes to find his beautiful browns looking back at her in return.

"You know staring at your wife while she's sleeping won't help you get to sleep yourself, Mr. Stark," Pepper stated with a smirk.

"And just what were you planning to do yourself, Mrs. Stark?" Tony countered in a tone as playful as his wife's.

"Okay, okay, you caught me!" she admitted, "I couldn't help it! I needed to see you again!"

"Same here. I mean I am way beyond exhausted at this point but I can't seem to get enough looking at you or," he paused bringing her hand to his lips for a kiss, "touching you."

"Yeah, I feel the same way," Pepper murmured then kissed his hand.

"Maybe we should have went to lay down in the bed?"

She knew what he was thinking, that laying down together would make it so much easier for them to sleep in each other's arms but Pepper knew she didn't have the energy to make the transfer to the back. "Maybe, we should have. I don't think I can get up from here now even if I wanted to."

Tony nodded, yawning, "Okay, we'll make the best of staying right here then." He moved over as close as he could to her in the seat, and she did the same.

"Better?" she asked, closing her eyes.

"A little."

"Good, I'm going to try to sleep a little bit now."

"Okay, I'll try not to keep staring."

"Tony."

"Just kidding because as much as I'd like to keep looking at my drop dead gorgeous wife, I don't think I can keep my eyes open anymore."

"If I didn't have the same problem I'd be staring at my equally drop dead handsome husband."

"So let's sleep then?"

"Yeah, let's. Love you."

"Love you."


	35. Chapter 35

**AN:** Three more chapters after this, everyone! Just THREE. MORE. CHAPTERS!

* * *

It was almost four hours after they had learned Tony had been exonerated of all the charges and would be released right away from prison that they arrived in New York. Immediately they set out for the tower with Happy driving (of course) and yawning in the front.

"I can't believe how _awake_ you are right now," Pepper said as she watched her husband stare out at the tall New York buildings as they drove by them. Even with the couple of hours of sleep they'd managed on the jet before landing, Pepper was finding herself suppressing more than a dozen yawns, and found herself fighting the urge to close her eyes.

Stealing a glance at her, Tony shrugged, "What can I say? The city looks more stunning than usual tonight." His eyes went back to the passing skyscrapers, "Honestly, Pep, I believed the last time I saw New York was in fact going to be the _last_ time. I really… I really believed that when I returned here again, I'd be a dead corpse that you'd have to plan a funeral for."

A sharp intake of breath, and biting her lower lip were the only things that kept Pepper from commenting on what he had just said. Instead of speaking, she tightened her hold on his hand, drawing his attention back to her.

"I'm so glad, no I'm very _grateful_ that things didn't turn out the way you believed they would."

"Yeah me too… I've never been so grateful in my life to be alive! The thought of leaving you and the kids behind… that was really the _worst_ part of it." He kept his eyes on the passing city, but pulled her hand up to his lips, kissing it. A moment of silence, and looking over the window was broken by him saying, "Wow, the city's never looked more beautiful than does tonight! Don't you think that it looks..."

His voice trailed off when he turned to look at her, and saw her hand over her mouth, covering up a yawn, "Pep?"

Pepper finished her yawn, and sheepishly said, "I'm sorry. What were you saying?"

"Oh, I was just saying how much I want to volunteer to be your personal pillow right now."

"What?"

"I said, I'm volunteering to be your personal pillow," he said, tapping his shoulder, "C'mere."

Pepper only hesitated a second, then scooted over to him. She sighed happily as she laid her head down on his shoulder and he wrapped his arm around her, "Sorry."

"No, it's okay. Go ahead and take a little nap. I'll wake you when we're home."

"Ooooh... okay."

When her breathing evened out just a minute later, Tony smiled, and kissed the top of her head before returning his eyes back to the New York skyline. He was just starting to get sleepy again himself when Happy made the turn to enter the tower's private parking garage.

"Pepper?"

"Huh?"

"We're home, my love."

"We're home?"

"Mmmhmm, we're home. I expect Hap to open the car door in three… two…" Their friend and bodyguard did not disappoint them as the door opened right at that moment. He offered Pepper one hand to help her out of the car while covering up a wide yawn with his other, and then as Tony got out of the car he said, "Welcome back home, Boss."

The billionaire gave his friend a smile, and patted him on the back, "Thanks, Hap."

Happy swayed on his feet a little, "Come on, I'll see you upstairs."

Pepper yawned, then said, "Thank you, Happy, but we can make it from here by ourselves."

"Are you sure?"

She nodded, "Yes, I am."

He yawned again, "Okay if you're sure?"

"We are sure, Hap. We'll be okay," Tony assured him, "Get yourself upstairs to your floor and into bed."

Happy yawned, and nodded, "Okay, then boss, sounds good." He started towards the public elevator, and after pushing the button said, "Have a good night!"

"Thanks, Happy. You too," Pepper replied, adding as he stepped into the elevator, "Oh, and Happy? Be sure to take tomorrow off, okay?"

He nodded, "Yes, ma'am."

They watched him disappear behind the elevator doors, and then taking her hand, Tony said, "What do you say that we get upstairs and go to bed?"

"Sounds like Heaven to me," she replied with yet another yawn.

After wrapping his free arm around her waist he said, "Come on."

There was no need to push the button to summon the elevator car as the doors opened time they stepped up on the outside.

"Welcome home, Sir," JARVIS said the moment they were inside and the doors closed behind them.

"Oh, it is _so_ good to hear your voice again, JARVIS," Tony said with a tired but wide smile.

"As it is with you, Sir."

Pepper teared up, hearing the unadulterated affection in the AI's voice. So much so that she hated to interrupt the moment but there was something she needed to ask, "JARVIS, are the others here?"

"Yes, Ma'am, they are - all of course except Captain Rogers. Mrs. Rogers has sent word that they should return to New York sometime tomorrow. General Rhodes is also absent at the present, as he currently in Washington D.C. but he asked me to inform you that he has already made plans to return to New York tomorrow as well."

"Hmm, I wonder what Rhodey's doing there?" Tony muttered.

In the meantime JARVIS continued, "The others have all gathered on the common floor, and have been awaiting Sir's arrival since upon their own arrival to the tower earlier this evening."

Pepper felt her husband perk up beside her.

"As tired as I am, I'd liked to go see them before we head up to the penthouse."

"Tony, are you sure?" Pepper asked as she studied him.

His face was haggard both from the long term lack of a quality sleep, as well as the fact that he had not had regular access to a razor regularly during his incarceration. He had bags under his eyes, and he seemed to be leaning heavily against the elevator wall just to remain upright on his feet.

"Yeah," he said, "I'm sure."

"Okay, but just please promise me that we won't stay long?"

He nodded, yawning, then agreed, "Okay, I promise."

"Good," she said, and then pressed the button for the Avengers' common floor.

"JARVIS said that Cap would be back in New York tomorrow. So where is he now and why isn't he here with everyone else?" Tony asked after a beat of silence.

"I guess they didn't tell you anything while you were prison."

"Tell me what?"

Pepper hit the halt button on the panel, and with a sigh answered, "Steve isn't here because he's been in prison."

"What?! He's in prison? What is he doing in prison?"

"Was in prison. He _was_ but he's not now."

"Okay, so he's _not_ in prison now. Great! But I want to know who put Captain America in prison in the first place? And _why_? Pep, _what_ is going on?"

"The President."

"I'm sorry?"

"The answer to your question as to who put Captain America in prison in the first place, is the President."

"The President? As in the United States?"

Pepper nodded, "Yeah, as in the President of the United States. It's because the way the Avengers... how they got the President to halt your… well you know, that night is by breaking into the White House."

"Wow."

"Yeah, wow," she agreed, "I think the President was going to have them all locked up-"

"Except Thor," Tony interjected.

"What?"

"I mean I bet even President Sadler isn't arrogant or stupid enough to think he can get by without consequences from Asgard if he had Thor thrown in prison."

" _Tony_."

"Well, he isn't!"

"I think that's beside the point, don't you?" Pepper said in an exasperated yet amused tone, "Anyway, long story short, Steve talked the President into letting him take the brunt of the punishment for the break-in."

"How long has he been in lock up?"

"Since the night of your ex… of your-"

Tony kissed her, silencing her, "It's okay, Pep. You don't have to say the rest of it. I know how that sentence is supposed to end."

She nodded, looking at him her eyes glistening , "Anyway, he's been in there ever since then."

"About a month then, which is not bad all things considered. Still it couldn't have been fun for Cap," Tony mused.

"What do you mean?"

"Think about it, Pep. They probably had to keep him in what amounts to solitary confinement."

She gave him a puzzled looked, "Why would they do that? Steve wouldn't hurt any of the guards on purpose!"

Tony nodded his agreement, "No, he wouldn't. They'd have to keep him in isolation to protect all the of idiots who would love to make a name for themselves by taking Captain America down or out."

The look on her face said that she hadn't yet thought of what he just said, "Poor Steve."

He nodded, and had opened his mouth to say something else but was interrupted before he could say a word.

"Pardon me, SIr, but the others are starting to become concerned that you and Mrs. Stark have yet to arrive."

They both smiled, and Tony said, "Guess we'd better get on up there then before Barton climbs down into the elevator shaft to check on us."

"Yeah," Pepper agreed, and pressed the button to start the elevator back up.

"So they really broke into the White House?" Tony asked in an amused tone..

"Yeah."

"Oh my…" he shook his head, and started to laugh.

"What?"

"It's just hard for me to imagine that Captain-Always-Does-Everything-By-The-Book-Without-Any-Exceptions-Like- _Ever_ actually broke into the White House. Cap's such a stickler for the rules, you know?"

"That may be the case, Tony, but Steve saved your life by making an exception-"

"A big time exception!"

Pepper nodded in agreement, "I want you to promise me that when you see him again, you are _not_ going to give Steve a hard time about his breaking the rules?"

"I…"

"Because you wouldn't be here right now if he hadn't made that exception."

"I know, and I won't-"

The elevator doors opened, and they were greeted by the sight of the Avengers standing there in a half moon formation, their face all aglow with welcoming smiles. One by one they began clapping from the moment they saw them, and Tony found himself blinking away the tears his wife began outright crying.

As they stepped out, Clint and Sam began making whooping noises while Thor clasped Tony's forearm in the style of welcoming another warrior. "It it is most good to see you restored to freedom, my friend, and have you within our midst once more."

The billionaire had to swallow a few times before the lump in his throat would allow him to say, "Thanks, Hammer Time."

The Asgardian nodded, and stepped away to allow Natasha to approach next with her hand extended, "I'm glad that you're alright, Stark."

Releasing his wife's hand to take hers in both his own, Tony looked into her eyes for a moment before nodding, "Thanks, Red." He had turned to speak to Clint next when he turned again to address her, "Oh, and Natasha?"

"Yes, Tony?"

"If you didn't already know it, you've had my trust for a long time now… but now you finally have my forgiveness too."

The former assassin knew he was referring to that time she spied on him for Fury didn't have to ask what he meant. Instead, she nodded and said, "Thank you, that means a lot."

With a final nod, Tony turned his attention to the archer. After they went through one of the elaborate handshakes that Clint always seemed to favor, the billionaire nodded to him, "Thanks, Barton."

Clint nodded, lightly smacking him on the shoulder, "Not a problem, Stark."

Moving on to the last member of the team present, Tony extended his hand to Sam first, firmly shaking it when the other man clasped his hand, "Wilson… thank you."

Sam nodded, "You're welcome."

Releasing the man's hand, Tony shoved his hands in his pockets, obviously unsure about what he was about to say, "Uh look, I know I haven't exactly fully welcomed you to the team…"

The other man snorted, "That's an understatement I think." Truth was Sam had often felt the only reason the billionaire had accepted him in the least little degree was because he had married Rhodey's youngest sister.

"I'm sorry, and I wanted to say that once the dust from all this settles, I think you should come to my workshop, and while we'll work on upgrading your wings, we can work on our relationship from being strictly a working relationship towards being something more."

"Like an actual friendship?" Sam inquired, with only a touch of heat.

"Yeowch!" Tony said, clutching his heart, "That hurt but sadly it isn't anything I didn't have coming."

"But it doesn't have to stay like that from here on out."

"No… no it doesn't, and we'll… I'm gonna work on making it a thing of the past!" Tony said, offering his hand hand again.

Sam took it after a second, and they firmly shook hands, "Sounds good, man."

Pepper had stood back and quietly watched as her husband thanked their friends, their _family_ for fighting to save his life. She wanted to do the same but her time would come in the following days. She let Tony have the spotlight because she knew that he needed to do this before he rested. But when she saw that he was beginning to flag, she stepped forward.

"Tony?" she said softly.

His eyes met hers, and he nodded. Looking around at the others he said, "Sorry, guys, but I think that's our cue to head on upstairs now. It's been a long day…"

"And even longer night," Pepper said coming up beside him, taking his hand.

"It is well, dear friends, if you have need to take your leave. We know that you are both in need of rest." The others echoed Thor's sentiments, and everyone quickly said their their goodnights to the exhausted couple. They had been about to step into the elevator when the Asgardian called out, "Anthony?"

"Yeah, Point Break?"

"When shall I return Ethan and Eva?"

The billionaire's eyes widened, and he looked at his wife before turning back to Thor to answer, "I wish I could say tonight, right now but-"

"You are far too weary," Thor concluded.

"Weary doesn't begin to cover how tired I am but yes we are _weary_ Bone tired weary!"

"Understandable, my friend, given the ordeal you have passed through."

"Since we're probably going to sleep late tomorrow, why don't we have JARVIS alert you when we're awake and ready for the kids to return home?" Pepper suggested.

"That is a good plan, Lady Stark," Thor said. "Very well, I shall await word from JARVIS."

"Thank you, Thor."

"Hey," Tony began as soon as the doors had closed, and the elevator was in motion, "I know I agreed to going straight to bed after seeing the team, but-" He yawned widely, "As tired as I am right now, and I know they let me have one before I came out to you in the prison,,, but I think that I want to… no _need_ get a shower first ."

It was obvious to Pepper as she watched him yawn again that he was now running on whatever reserve of energy that laid beyond fumes. It had only been a reserve of energy in the first place, one that he had quickly burned through during their brief visit to see everyone.. But even with those reserves gone she could see that he had meant what he said about needing a shower.

"You want to wash whatever is left of that prison, off." It was not a question.

"Yeah," he confirmed.

"I can understand that."

The doors opened, and as they walked through the penthouse with arms wrapped around each other, Pepper said, "I want to take a shower too, so why don't we just take one together?"

"Good idea 'cause with the way I can't seem to stop yawning, I might just drown like a rat in there if I take one alone."

Pepper bit her lip at the word _drown_ since it implied dying but said nothing about it. Instead she just nodded, and said, "Okay, we will take one together then."

By the time they stepped into the bathroom, JARVIS already had the shower started and the steam from the hot water had warmed the room nicely. After getting undressed, Tony stepped into the hot water first, closing his eyes with a sigh as it ran down his tired body.

"Oh my... this feels so _incredible_!" he said and leaned back against the wall to let the water just fall over him. "They only let me have a shower two times a week, and the water was never hot. It wasn't really that cold, like freezing take away your breath cold, but it was not as hot like this water is either."

Pepper listened to him, and blinked away tears the mention of that place was always going to cause. She cried not because his experiences in there had not been luxurious but because he had _almost_ died there. But he had not died in that awful place, and after she had pushed aside the thoughts of what almost happened, and she returned to the present.

Tony was still enjoying the euphoria of the hot water on his tired body when Pepper asked, "Would you like for me to wash your back for you?"

Pepper watched as Tony climbed into their bed then sprawled on his back against the pillows. He closed his eyes, and let out the biggest sigh of contentment she had ever heard in her life. She had been half watching him half pulling on her pajamas when she saw Tony become so completely still that she was sure that he had already fallen asleep. With her own sigh, Pepper finished getting dressed, carefully slipping into bed as the lights shut off.

"Thank you, JARVIS," she said softly, looking over at Tony.

"You are most welcome, Ma'am."

Since she didn't want to take a chance of waking him, Pepper satisfied herself with just being able to look at her husband again. She sighed again, and after a little while begin to feel sleep come over her. Her eyes had just closed when she heard Tony's voice quietly ask, "Hey, are you going to come over here or what?"

Her eyes snapped open, and she looked over to see Tony's eyes half open looking at her, "I thought you were asleep!"

"I will be… as soon as you come here, and get into my arms."

Pepper needed no further invitation, and scooted over to his side of the bed where Tony wrapped his arms around her. She felt him kiss the top of her head.

"I've missed you," he said, "Oh, man how I've _missed_ you!"

"I've missed you too," she said quietly, "Go to sleep, Tony. I'm here. I'm not going anywhere."

"I'm so tired."

"I know, honey, Sleep now, okay?"

"Okay," he said, his voice slightly slurring from the exhaustion. "Love you."

"I love you too," she said. closing her eyes. "Sleep."

After one last _hmph_ from him, Pepper could tell that Tony had at last fallen asleep when she heard his breathing even out. She laid there for a little while, just listening to his breathing, so grateful to hear the sound she never thought she'd hear again. Still that sound wasn't enough to lull her to sleep completely, so Pepper carefully shifted her head over to his chest to listen to Tony's heart beating underneath her ear.


	36. Chapter 36

**AN:** The first of the three last chapter!

* * *

Tony opened his own to see the bright, beautiful eyes of his wife watching him. He smiled, and reached out to touch her cheek, "Good morning."

Pepper caught his hand with her hands, and kissed it before she responded with, "More like good afternoon."

"Really?"

"Yeah."

"Wow, we really slept that long?"

"It seems that we did."

"I guess that's what happens when you're exhausted, then finally, get to sleep in your own bed again all the while holding your gorgeous wife in your arms once more," Tony said as he sat up stretching.

Pepper sat up too. "Well being able to hold and be held by your handsome husband again must have the same effect on me because I passed out too." She stretched too and started to get out of bed when she felt Tony touch her arm. His mouth crashed against hers the moment she turned her head to look back at him, and for several seconds she let herself share the same desperation she was sensing from him.

Tony groaned when she pulled away a few minutes later and finally dodged her way out of bed. He gave her his best-lost puppy look, and pouted, "Awww, Pep!"

Smiling at him, she walked towards the bathroom, "May I remind you that we asked JARVIS to ask Thor to go get the kids only ten minutes after we woke up?"

"But it's only been like five minutes!"

"Actually, Sir, it has been six minutes and twenty-nine seconds since you and Mrs. Stark woke up."

"See?" Pepper said, putting toothpaste on her toothbrush.

"Pepper, they're kids! They haven't seen us or at least me in months so somehow I don't think us not being dressed in something other than our sleepwear is going to matter to them."

She smiled at him, "No, I doubt that it will but I am not going to greet my children with a bad case of morning breath or with bedhead!"

* * *

Another ten minutes later, they stood hand in hand on the penthouse balcony awaiting Thor's arrival with their children.

Tony sighed, "I'm so glad that they were on Asgard while all of this was going on."

"Me too with everything we were going through... just knowing that they were completely safe made it a little easier to deal with the situation."

Suddenly a flash of light appeared on the balcony and was gone by the time they had turned their heads back in its direction. Four figures had had been left behind in its wake, two adults and two children.

Ethan was the first took look up and away from where he had been holding tightly onto the Asgardian prince. His eyes lit up when he saw who was awaiting for them on the other side of the balcony, and letting go of Thor, he ran towards them, "Mommy! Daddy!"

Although he went to his father first, he was engulfed in the arms of both of his parents, and was showered with love.

In the meantime, Pepper supposed the beautiful woman with Thor who had had the little girl in her arms, had finally persuaded Eva to finally release her hold on her neck, because she had deposited the little girl onto the ground without her getting upset.

Pepper could feel them both watching her as she knelt down enough to wrap Eva into her arms before standing up, and holding her tightly against her.

Eva was only with her mother for a minute before she was was reaching out, "Daddy! Daddy! Daddy!"

With experienced, careful movements, Tony managed to not break contact with his son while holding out to pull her into his arms. He held her close to him, closing his eyes, and smelling the scent of her hair, "My sweet baby girl, I've missed you so much!"

After a few moments of listening to the excited chatter of the kids (directed mostly to their daddy), Pepper's eyes drifted towards area of the balcony where Thor and the beautiful woman stood patiently waiting for their chance to speak with them. She felt such deep a kinship with her from the moment her eyes found that of the woman's. With the kids and Tony giving their full attention to one another, she felt that this was the perfect time to speak to go speak with them.

After giving Ethan another kiss on his head, Pepper got up, and walked over to where the Asgardians were. If she thought the woman with Thor was beautiful at a distance, then she was even more so the closer Pepper got to them, to the point she thought to herself this woman could literally take your breath away. What's more, the closer she got, the more she realized who the woman had to be. She looked at her, then at Thor, then back to her again, and she could see some similarities in their features.

She was Thor's mother! She had to be to because…

Thor's small bit of a bow as well as the quiet, low rumble of his voice interrupted her musings.

"Lady Stark, may I present my Mother, Frigga, Queen and All-Mother of Asgard…."

Pepper smiled, and a rare feeling of shyness overcoming her as she said, "Hello."

The Queen returned her smile, and waited for her son to finish the introductions.

"Mother, I present to you the most valiant Lady Stark…"

 _Most valiant?_ Pepper thought, barely hearing the rest of what Thor said in the way of introducing her to his mother.

Since becoming the CEO of Stark Industries, Pepper had on a few occasions, met the members of royal families from around the world. Although usually when she met with royalty, it was a prince or princess, sometimes even a duke or duchess, but rarely did she meet with the king or queen of the country. If she were to reflect on past such meetings, she'd call them polite, mostly pleasant but aloof. So it was all she could do to hide her surprise when the Queen extended her hands towards her the second Thor had finished speaking.

Frigga did not fail to notice the Earth woman's surprise as she grasped both of Pepper's hands in hers, or when she lightly kissed both of the other woman's cheeks. Still holding both of her hands in her own, Frigga moved back so she could look the human as she spoke, "It is a prodigious honor to be able to greet you at last, Lady Stark."

Looking into the eyes of the beautiful Asgardian Queen, every bit of the protocol Pepper had learned from dealing with Earth's royalty flew from her mind. What was she supposed to say? How was she supposed to address this woman before her? She didn't want to be disrespectful or rude to her. So how -

"Lady Stark?"

The concern in her voice is what snapped Pepper out of her ruminations, "Oh, I'm sorry. What did you say?"

"I asked if you were feeling well, my dear?"

"I'm fine... I just..."

Behind her, she heard Tony laugh, and she turned to look instead of answering Frigga's question right away. She didn't know what Ethan was saying but he was animated, whatever it was, and so was Eva. She watched them for another few seconds, and then with a teary, but happy smile she looked at the Asgardians, "Yes, yes I _am_ well. They're home. _He's_ home again." Pepper felt a squeeze of her hands, and she turned her head back to look at the source.

The Queen's smile was as comforting as a warm spring day after a long winter, and the presence of the same warmth her attested to the words she spoke next, "Truly there are no words to convey the great joy we felt when Thor came to give us the glorious news of your husband's innocence being proven at last.

"Thank you," Pepper said in a whisper. "For everything you've done to help us."

Frigga nodded, "You do not have to thank us, Lady Stark."

"Oh but I think I _do_ , ma'am!" _Ma'am? Where did that come from?_ "I absolutely _do_ have thank you!"

"No, my dear Lady, you do **not** have to thank us in any way for inasmuch as the moment Thor informed us of your husband's plight, we… I _knew_ I had to give you my aide in whatever I could in keeping with our own laws."

"But _why_ , if I may ask? Until this moment, we have never met."

If it were possible, the warmth of the Queen's smile grew, "The why is simple. First, your husband, Lord Anthony, the Man of Iron…"

Pepper bit the inside of her cheek to keep from laughing at hearing Tony being referred to as _Lord Anthony_. She could only imagine his reaction and that was either he'd be a little offended or the more likely one, it'd go straight to his head and he'd be a little impossible to live with for a few days.

"... when Thor informed us of his plight, I straightaway felt a great kinship with you."

"With me?"

Frigga squeezed her hands again, and at her own son's puzzled look explained, "I know it not quite the same thing as what you've just experienced, Lady Stark, but you see my husband while King of Asgard is also the Protector of the Nine Realms. And his being the Protector has meant there have been times over the millennia he had had to go to war. Thank the All-Fathers that, for the most part, he returned to us free of any grave wounds. But that was not _always_ the case every time. There were moments when his warriors have borne him back to Asgard."

She paused, turning her gaze to Thor as she spoke, "Odin's condition was so grave during those times, I feared that not even the Odinsleep would keep him from making the journey to Valhalla."

She let her words sink in a moment before looking back to the other woman, "So you see, my dear Lady, I can understand your fear well, for my husband was nearly lost to us as well."

Although she didn't quite understand everything the Asgardian woman was telling her, Pepper understood enough to know that there was indeed a kinship between them. She might be a Queen but she is also a woman who loves her husband as much as Pepper loves her own. So it was her turned to squeeze Frigga's hands, and although she wanted to say more, the only words that would come out were, "Thank you."

Frigga nodded, and after a moment released Pepper's hands, "I shall take my leave now." She started walking away from the Earth woman to another area unoccupied area of the balcony.

"Do you wish for me to accompany you, Mother?" Thor asked, following her.

Pepper blinked, not at first comprehending her words, and then she did, "Wait! Please don't go yet!" By the time she had spoke they were already six feet away from her, stopped, and turned to look back at her. After taking a quick glance over to the other end the balcony where she saw her family were unaware what was going on, she crossed the small space between them.

"Please don't go yet, Your Majesty," she said, the formal words feeling strange as they left her mouth since she'd never address Thor by any way other than his name, "I haven't told you thank you yet for letting my children go to Asgard to stay there while all this was going on."

"There is no need for you to give us any thanks, Lady Stark."

"Oh, but I _do_! I-" Pepper stopped speaking, taken aback when the Asgardian woman interrupted her.

"Virginia... or do you prefer Pepper?"

"Either one is fine."

The Queen nodded, "Virginia, as a I have spoken before, there is no need for you to give us any thanks. Do you thank your sun for his rising or his setting each day?"

Pepper shook her head.

"Do you thank your moon for giving you her light during the night?"

"Oh, no, of course not."

"You do not give your thanks to them because both are doing what is only nature, are they not?"

"Yes."

"It is the same on Asgard regarding family, and the bestowing of aid to them."

"Family?" Pepper said before she could stop herself, her eyes widening, "You consider _us_ to be family?"

Thor answered her question before his mother could, "Aye, Lady Stark, we do."

Wiping away the tear that slipped down her face, "Thank y..." She stopped herself from completing the phrase, remembering what Frigga had just said about how they are considered to be family, and instead said, "If we're family, then please you must call me either Ginny or Pepper, and not _Lady Stark_ anymore. After all when you're family, you shouldn't be so formal with each other!"

"What of Virginia?"

"Well, it is my name and you can call me by Virginia if you absolutely want to, and I will answer to it of course. But I have to tell you that even as a kid, I didn't hear Virginia much." _Except for when I was in big trouble!_ "Usually my folks just called me Ginny or sometimes Gin."

"And the name Pepper?"

The woman whose name it was smiled, and knew she had to be blushing a bit as she answered the question, "It's the name Tony gave me the first time we met. It's a long story." Well it really wasn't that long but she had a feeling she should return to her family soon.

"Which of those is your preference, my dear?" Frigga asked.

"Ginny's fine, Your Majesty."

The Queen nodded, "Ginny, then." She looked at her son, then added, "And you must call me Frigga."

Pepper opened her mouth.

Sensing what she was about to say, the Asgardian woman held up her hand, "Family should not be so _formal_ with one another."

"But you're a Queen!"

"So I am, my dear. But I am _not_ your Queen. You are Midgardian... of Earth, not Asgard, and therefore you are not our subject." She knew her husband Odin would probably see this differently from her point of view but he was not here.

There was silence for a moment, broken up only but the sound of her children's voice behind them. Finally understanding what the Queen of Asgard was saying, Pepper nodded, "Alright... Frigga..." She noticed how the other woman's smile got even warmer after she said that, "Although it feels disrespectful somehow, I won't call you Your Majesty any more, if that's really what you want."

"It is, Ginny, and there is no disrespect when you are family."


	37. Chapter 37

**AN:** Here it is, the penultimate chapter of this story, and this contains of my favorite bits of story I've written so far for my verse.

Can you guess which bit it is?

* * *

 _They look so amazing_.

That's what Tony had decided, as he listened to them chatter away in such speeds and subject shifts about their time in Asgard that he was finding it impossible to keep completely up. Since he couldn't entirely or possibly understand everything they were saying, he made observations about them instead.

Both of their complexions had a darker, healthy hue to it, and he could only guess that they'd spent a lot of time outdoors underneath the Asgardian sun. He would swear Ethan must have grown at least an inch since the last time he had seen him...

 _Almost six months ago!_ , his mind automatically supplied.

 _Oh shut it, Stark_ , he responded to it, almost in a snarl, while he watching his sweet little Eva.

He also thinks that little girl might have grown a little, enough to make him have to suppress a wistful sigh. As he watched her giggling at something her brother said, he noted her beautiful red locks that so perfectly matched Pepper's had a few braids in them. They were so elaborate he knew they must have been plaited by Asgardian hands because he'd never seen his wife do for their little girl. She looked so beautiful and her brother, he was looking like such a handsome little man.

He was so happy they were -

It was the bright flash of light from the rainbow bridge that finally broke through the bubble of what could only be called joy that he had been absorbed into with his children, making Eva screamed in fright before clinging to her Daddy. Tony hugged her to his side, holding out his other arm, letting Ethan know it was okay if he wanted a hug too right then. He smiled as his son accepted his invitation, before he looked over at the other side of the balcony to see only Pepper standing there with Thor.

Huh.

The Asgardian woman, whomever she was must have went back to Asgard and he figured that's what the noise had been all about.

Thor's eyes met his, and after a nod of his blonde head, the demi-god began to swing his hammer before taking off into the sky, no doubt heading to the landing on his family's own level that Tony had put in after they came to live in the tower.

With Thor gone Tony's eyes found that of his wife's, and he watched her cross the distance to them. Pepper was over there with them in a flash, her hands resting on the backs of their kids still pressed up against their father.

"Daddy?" Ethan said, all the while feeling his mother's touch, "I'm hungry!"

"Me too!" Eva added, not a second later.

Their parents locked eyes with each other, and Pepper had been about to speak when another voice joined the symphony.

"Sir, if I may?"

"Yeah, J, what is it?"

"Sir, I took the liberty of putting in an order from your favorite bistro. The delivery is on its way up now as we speak."

Tony raised an eyebrow but it was Pepper who voiced the question, "Who is bringing up the food, JARVIS?" They both doubted it was the delivery person since they both knew security wasn't just going to let them through to the private, residential floors of the tower.

"Mr. Hogan is, Ma'am."

"Awww, J! Hap's got the day off!" Tony groused as they corralled the kids inside.

"I believe Mr. Hogan can offer a better explanation than I, Sir."

Before anything else could be added to the exchange, the elevator doors opened, and a decidedly casually dressed Happy stepped out into the penthouse with a couple bags of food hanging from his hands.

"HAPPY!" Both of the kids squealed, and ran towards him.

Neither one of them were sure how he did it without unceremoniously dropping the food on the floor, but Happy freed his hands, kneeling down in time to take both of the kids in a hug when they reached him, hugging them tightly to him, "Hey there, kiddos!"

"Missed you whole bunches and bunches!" Eva said when the security man and family friend stood up again.

Touching her hair, he smiled down at the precious little girl, "I missed you bunches and bunches too, cutie pie." About that time, the kids' parents walked over to join them, so he bent over to pick up the delivered food, and handed them over to Pepper who had her hand out.

Sensing Tony wanted to say something to the other man, she looked at her kids and said, "Come on! Let's go see what's for lunch!"

"Bye, Happy!" Ethan said, with a wave before following his mother/

"Bye, buddy!"

"Bye-bye!" Eva said, copying her brother's wave.

He waved at her too, "Bye, sweetheart."

"So, should I ask how it is outside right now?" Tony asked him the moment they were alone.

Happy shrugged, "Oh, it's just same run of the mill bonzo out there."

"Just _the same run of the mill bonzo_?"

"Yeah."

The billionaire gave him a look that said he doubted it very much before he said, "Come on, Hap, it's _me_ you're talking to. You know you don't have to worry about scaring me."

The security man sighed, "Let's just say I'd prefer it if you guys didn't try leaving the tower any time soon, and if you do, please for the love of money, do it by **air**!"

"It's that bad?"

"Well, not that they can see anything from all the way up here but you might want to play it on the safe side, keep the kiddos away from all of the windows too."

"Oh great." Tony muttered a few choice words under his breath, then looked at Happy, "So, I thought we told you to take a day."

"I am taking a day actually."

"Then _how_ do you know what's going on outside?"

"I know because I was doing some channel surfing, and happen to surf by a few of news channels. Your exoneration, release, and then somehow leaving the prison without anyone noticing earlier this morning is kinda the number one story of the day. It has been _all_ day today."

"If things are as crazy as you say they are-"

"Oh, they are!"

"Then I'm glad we got out of there last night instead of going to the house."

"Me too because trying to do it today would've been a nightmare!"

"So do you think they've figured out that we're here now?"

"Yeah, I think they have figured out we're not at the rental or even in that little town anymore"

"Which means they're going to try to get through security."

"I'd say that's an understatement. But they're nothing me, my people and especially JARVIS can't handle. Right, JARVIS?"

"But of course, Mr. Hogan," the AI responded rather dryly, "I promise you that no one who is not allowed will be able to get anywhere near Sir or his family."

Although it remained unspoken, the three of them also knew the Avengers themselves were an added barrier between the Starks and the mob of exclusive big scoop seeking reporters outside.

"Daddy!"

Both men looked in the direction of the kitchen where Eva's voice had come from.

"I'm coming, princess!" Tony called back, grinning.

"And that's my cue to let you go eat breakfast... lunch…. whatever," Happy said, already headed towards the elevator, and said as he stepped inside, "Yeah, I know take it easy because tomorrow I'm back on the clock!"

A nod was the only response Tony gave as the elevator doors closed, and cut off his view of the man who'd been his protector and friend for countless years now. After all this, he'd be surprised if Happy didn't want to retire some time soon.

 _Wait! Where did_ that _come from?_

"Sir, your presence is being requested in the kitchen by Ma'am, Master Ethan, and Miss Eva."

"What? Oh right. I'm coming! I'm coming!"

Although the kids had been awakened on Asgard in the middle of the night there, so when they all went to the living room after lunch, Tony and Pepper were surprised to find themselves dealing with two quite energetic children who were ready to play. So against his wife's better judgment, Tony acquiesced when both little voices shouted for a game of Twister.

"You know you're probably going to be sorry tomorrow, right?" Pepper murmured as their kids disappeared together to retrieve the game in question.

"What?" Tony countered, giving her a puzzled look.

""Twister? You're going to play Twister after all those months of being… you know where?"

He shrugged, "It's what they want to do."

"I know but your muscles haven't been used properly since-"

Ethan's reappearing first cut off what she was going to say. Eva followed soon after, and it was the little girl who handed the game box over to her daddy. Tony opened the box and handed the playmat to his son to spread out. He didn't take out the spin card because he knew JARVIS could give them random calls.

"I'll take that," Pepper said, removing it from the box.

"You don't want to play, honey?" Tony asked.

"Yeah, Mommy, you don't wanna play?" Ethan echoed.

"Play, Mommy?"

She kept her eyes on Tony as she answered, "No, not really now. I mean one of us has to be able to move tomorrow!"

"Awww, Mommy!"

"No, you guys can play! I'll make the calls!"

"Aww come on, honey! You know JARVIS can make the calls for us!"

"I uh…" she began, pausing to bite her bottom lip when all the sets of eyes before her started resembling those of three begging puppies, and finally she sighed, "Okay, okay, I'll play too."

"Yay!" the kids shouted in unison.

Pepper was pretty sure Tony almost shouted yay with them, but refrained at the last second. Instead he gave Ethan the game's mat, and asked their son if he remembered how to set them up.

"Uh huh, I remember!"

"Well, set it up, bud, and we'll play a game!"

As they watched Ethan with his sister's help set up the game, Pepper murmured, "You know there's a really good chance we're both going to be really sore from this tomorrow, don't you?" She especially knew this would probably be true in his case since he really hadn't had the freedom in _months_ to move around properly.

"Yeah, probably," he murmured back, "But look at them, Pep. We haven't been with them for way too long. Can you really say no to whatever they want to do with us?"

She sighed, "No-"

"Ready!"

Breaking off their conversation, they both looked in the direction their kids were. Tony grinned at their son, "Good job, kiddos!" Looking at his wife, he said before moving towards the mats, "Maybe we should all stretch a little before we play?"

"Good idea! Kids, come over here and let's do a few stretching exercises before we play okay?"

Of course the kids grumbled as they came over to where their parents were, but they tried to copy all the stretching exercises their mommy led the four of them in. Once their muscles were as warmed up as they were going to get, they all went over to the colorful Twister game mat.

"Everybody ready?" Tony asked as they all moved into position.

"Uh huh!"

"Yeah!"

"Ready as I'm ever going to be!"

"Okay, then! J, fire away with the first call!"

"Certainly, Sir. Right foot on…"

* * *

After two games of Twister in which both of their kids each won one game, they all piled on the big couch in front of the TV to watch some of the things JARVIS had recorded for them while they were all away from home. The family TV viewing time only last for almost an hour before Eva, snuggled up close to her Daddy with Barty hugged tightly in her arms, dropped off asleep. Ethan, who was snuggling with his Mommy, followed soon thereafter.

"Uh, J?" Tony said quietly, reaching out for his wife's hand, "Wake Pepper or me up in an hour if we fall asleep too?"

"Yes, Sir."

They had both passed out within minutes of Tony making this request of the AI.

"So, what do you want to do for dinner once we've woken the rugrats up?" Tony murmured quietly, looking down at his daughter's sweet, sleeping face.

Pepper gave a tired shrug, "I'd be fine with ordering something in, like pizza. How does that sound?"

"Well, I'm sure the kids won't object since they both love it, and to me it sounds a whole lot better than anything I've had to eat in the last few months."

"Yeah, I can imagine," Pepper said softly, her eyes glistening.

"Sorry."

"It's okay," she replied, "I think to move on from what happened, we'll have to talk about it at least some. Me hearing and you talking about it might bring up some bad feelings for us both but we also have to remember is the important thing here is, you are **alive** , Tony, and you're still with us."

"And I plan on keeping it that way for a long time."

"Good because I am _not_ raising our children alone."

Tony reached out, took her hand, and kissed it, "You're not going to have to." He kissed her hand again, and then cleared his throat. "Now, I think we should wake these two up, and get an order for dinner put in."

"I'll wake Ethan. You handle Eva."

With a nod, Tony turned towards the small body snuggled closely against him. Smiling he brushed back his daughter's hair, and said gently, "Eva? Baby?"

The little girl stirred but didn't open her eyes.

"Princess, you need to wake up now."

This time Eva groaned.

"Come on, sweetpea, open your eyes."

"Don't wanna!"

"Sorry, baby, but you gotta wake up now," he replied pulling the light throw off of her.

"Daaaaaddy!" Eva groaned again, grabbed for and found the throw without opening her eyes.

Tony smiled and looked over at Pepper, "Hmm, it looks like the Tickle Monster needs to make a visit."

Eva curled up into a tight ball upon hearing that, "No, tickle monster! Wanna sleep, Daddy!"

"Sorry honey, but you're never going to be able to sleep tonight if you don't wake up."

"Mmmhmm."

Tony got ready to deliver on his threat. "If you don't open your eyes by the count of three, the Tickle Monster is going to get you."

The little girl didn't move except to pull the throw over her head.

"One…" he counted.

Eva didn't move.

"Two…" Tony said, raising his hands to get ready. "Two and a half. Last chance to avoid the Tickle Monster!"

"Daaaaaaaaaddy!"

"Three!" he said, snatching away the throw once and for all.

Eva shrieked as the _Monster_ began to attack her. Within seconds the little girl was squealing with laughter, and she began wiggling in an effort to escape from the _Monster_.

Pausing to let her catch her breath, Tony asked, "Are you awake now, princess?"

"Uh huh!" Eva answered laying back against the couch.

Her Daddy grabbed one of her feet and ran several fingers lightly over the underside.

"Daaaaaddy!" she whined, snatching her foot away.

"The Tickle Monster will be gone when you sit up but you gotta sit up first!"

"Mommy, h-h-h-h-h-h-help!"

"Oh, no honey, sorry but Mommy can't help you this time!"

Tony grinned and was poised to attack again when Eva finally sat up.

"Up, Daddy!"

"So you are!" he replied, plopping a kiss on her forehead. "Good girl." Tony looked over at his wife to see that she was watching them through wet, yet amused eyes with an arm around Ethan whose eyes were bleary yet awake. "Everyone's up now."

"So I see."

"Why don't I take these two to wash their faces, and get rid the rest of the sleep while you handle dinner?"

"Actually, Sir, if I may interrupt regarding your plans for dinner?" JARVIS put in.

"What is it, J?" Tony asked, standing up before helping Eva up.

"Captain Rogers has asked me to extend an invitation for the family to join the Avengers on the common floor for dinner but only if and I quote 'Are feeling absolutely up to it.' Unquote."

"What's for dinner for the Avengers, JARVIS?" Pepper asked.

"Captain Rogers said to tell you that homemade spaghetti and meatballs plus the works was on tonight's menu."

" _Homemade_ as in did the Cap himself made it, J?"

"Yes, Sir, along with the aid of Mrs. Rogers."

Tony felt his mouth water at the thought of the spaghetti as Steve had made it before for the team, and it was as good as any Tony had ever had in Italy. He gave Pepper a look ask Pepper if she was up to, and more importantly, to ask her if she thought the kids were up to having dinner with the team. However the question was answered before they could say another word Eva's face lit, and the little girl chanted, "Pasgetti! Pasgetti! Pasgetti!"

Her parents chuckled, and Tony said, "Well, I guess we know how the princess feels about having spaghetti tonight. How about you, buddy? Spaghetti sound alright to you?"

Ethan nodded, rubbing his eyes as though he were still half asleep.

"Okay, that's settled then. JARVIS, let everyone know that we'll be down shortly for dinner."

"Yes, Sir."

"JARVIS, is Rhodey going to be having dinner with the team too?"

"Yes, I believe so, Sir."

Tony looked at his wife, "J, tell him that I'd like to see him in my workshop first before we have dinner."

"Very good, Sir."

"What I want to say to Rhodey won't take long. Ten, fifteen minutes at the most, and then we'll be down for dinner with everyone else. But I need to talk to him before I see everyone else again."

Pepper smiled, "It's fine. Beside, I'd say chances are dinner probably isn't quite ready yet." She wrapped her arms around her children, and said, "Alright, you two, I think we need to go to the bathroom so you can wash that sleep out of your eyes, and then wash up for dinner."

Tony watched her move their kids along for a second, then started towards the elevator. "I'm going to go meet up with Rhodey now!"

"Okay, we'll see you downstairs. Hey!"

"What?"

"I love you!"

They were going to be saying those words a lot from now on Tony knew, and smiling called back, "I love you too!"


	38. Chapter 38

**AN:** Be sure to read the end note!

* * *

"What the…" Tony muttered as he stepped off the elevator to be greeted with a faceful of overlapping metal arms. "JARVIS, what?"

DUM-E and U had positioned themselves in front of the elevator door and were blocking him from going any further into the room.

"I am sorry, Sir, but it would seem that DUM-E and U have also missed your presence over these past three months as well and wish to greet you."

Tony rolled his eyes, sighed, but began to pat their mental arms, saying, "Alright, alright! I guess I missed you guys too."

The bots chirped happily in response.

Somewhere from beyond the bots, Rhodey's voice could be heard saying in a facetious tone, "Awww, isn't that just the most _adorably_ sweetest thing ever?"

Rolling his eyes again, Tony began to gesture to the two bots, "Alright fellas, time to break it up."

The bots gave a disappointed chirp but then began to roll back towards their respective corners of the workshop. As soon as the bots had cleared away, the billionaire did something that if anyone asked about or Rhodey brought up later, he would totally deny that it had ever happened.

Tony hugged his friend, tightly, while saying a quiet _thank you_ in his ear.

After getting over his surprise Rhodey nodded, returned the hug, and said. "It's not anything you wouldn't have done for me, Tones, but you're welcome."

"I mean it! I know I owe everyone else a really big thank you too but I _really_ owe you **bigger** thank you for this one." Tony pulled away, ending the embrace. He put a little distance between them by walking over to where one of his Iron Man suits was encased.

"Like I said, it wasn't anything you would not have done for me," Rhodey repeated, watching his friend walk around the room. "You probably owe the Avengers on this one more than you owe me, especially Steve Rogers. He's spent the last month locked away in isolated confinement at the Naval Brig by order of the President."

"Yeah, I _know_ just how _much_ I owe them… and him," Tony stops walking, drops his head briefly, "Pepper told me that he has been locked up since the night I was supposed to have been executed. But I don't think she knew that he'd been in solitary when I told her that they probably had to hold him in isolation not for his protection. Thanks for confirming that theory."

Rhodey nodded, and watched him start circling the room again as he tried to decide whether or not he had any right to say the next thing he was thinking. But given what they had just been through plus given the fact they had over thirty years of friendship between them, he knew that he was the only person besides Pepper who should or _could_ say what he was about to say.

He watched Tony for a few more seconds, "I know you think that Steve has just tolerated you being a member of the Avengers in the past but I think what he just did… and just how hard he fought for your life had really proven the opposite is true. Don't you think it's about time that you put aside the bad feelings and made peace with him, Tony?"

Tony was so quiet for a few minutes, not looking at him that Rhodey wondered if he had said the right thing after all.

"You're right," the billionaire finally replied, in a serious tone of voice without any detectable sarcasm "You're absolutely right. I _should_ try to make peace with him. And what's with the surprised look?"

"I guess I uh wasn't expecting it to be that easy?"

"No, you weren't expecting me to listen to reason that easily. That's fair, I guess, since it's Steve Rogers we're talking about here." Tony sighed, and rubbed the back of his neck, "Look, I know I need to make peace with him, and if he's willing I am going to try to bury the hatchet in some place other than in his back."

Rhodey nodded, "Okay, then. Good. I'm glad that's over with. Now, was there something else that you wanted to say to me, Tony?"

"Only that I've decided that I am going to give you a suit."

"You're doing what?"

Tony turned around, and looked at him, "I said I am giving you a suit." He gestured towards the encased Iron Man suits, "Not one of these, obviously, because I _am_ Iron Man, and Iron Man stays with me forever. But I am going to make you your own suit to replace the one the government decided that they owned when they forced you to choose between what… what amounted to your family and your military career."

Rhodey sighed, shaking his head, "First of all, I hope you were applying the amounts to part to the words family because when it comes to you, Pepper, and my godchildren, there is _no amounts to_. You **are** all my _family_ as much as my sisters or my nieces or my nephews are. Second, if you ever and I mean **ever** repeat what I'm about to say, later on, I'll deny that I ever said this-"

"I guess it's lucky for me that JARVIS has been recording this entire conversation."

"No, he hasn't."

"Oh yes, he has!"

"No, he… JARVIS, you're not really recording us are you?"

"No, General, I am not," JARVIS answered in what sounded like an amused tone.

Tony grinned, "Aha! Gotcha."

Rhodey shook his head, "Tony, I swear one of these days…"

"I know, I'm incorrigible, something you should be used to by now after thirty something years! Now anyway, you were saying?"

Shaking his head and smiling he continued, "Yes, thank you, as I was saying, the day in the Oval Office when I was given a choice between keeping my career and saving your life, there really was no choice for me to make. I mean I _knew_ which one I had to do, and as much as I've always been centered on my career in the Air Force, I knew that keeping keeping my career wasn't worth losing my brother for."

Tony turned away from him but not before he saw the tears in the other man's eyes.

Rhodey cleared his throat, and lightened up his tone, "I mean you might be an incorrigible brat, who at times has made me wonder what I ever did in the past to deserve being stuck with you, but like I said, you **are** my _brother_ , and I'll choose our friendship… _you_ , my **family** over my career on any given day and twice on Sunday."

An awkward silence fell over the room after Rhodey finished speaking, and him knowing Tony's track record when it came to dealing with heavy emotions, prepared himself to hear some sort of flippant remark from his friend. Fortunately, that never happened because whatever Tony had opened his mouth to say was forgotten when his own stomach growled _very_ loudly.

Relieved Rhodey took the out he had been given and said, "Okay, sounds like we need to go down to the common floor now and feed that thing!" He had to laugh when not a second later his own stomach growled just as loudly as Tony's. "Okay correct that! We need to go feed these things _now_!"

"Ya think?" Tony quipped.

Rhodey started towards the elevator, "Come on, let's head on down."

"Platypus, wait! There's one more thing I think I should say."

With a sigh and roll of the eyes, Rhodey turned around to face him, "What?"

With his arms crossed and while leaning against a workbench, Tony asked, "Uh, when Pepper and I came home, and ask JARVIS if everyone was here, he said that you were in Washington D.C. and that you would be back to New York today."

"Right and right," Rhodey confirms wit a nod

"Okay, there is only one reason I can think of for you to be in D.C. with you being out of a job, is that the bigwigs offered to reinstate you back into the Air Force. Am I right? Did they offer to let you back in?"

A beat of silence passed before Rhodey finally confirmed with a nod, and said, "Yes, yes they _did_ offer to reinstate me back into the Air Force." He saw a brief flash of disappointment in Tony's eyes before it disappeared, and a grin appeared on the other man's face.

"Well, I hope you made them work for it at least. You know made them really kiss-"

"I haven't accepted yet."

"What?"

"I said, I haven't yet accepted their offer of reinstatement yet."

"You haven't?"

"No, I haven't. Try to keep up will you, T-Man?" Rhodey said in an amused tone before turning serious again, "While it's not my only reason for not accepting the reinstatement offer right then, but after what happened to you…. how the government railroaded you at your trial, I'm not sure I can serve the same government in such a direct capacity anymore."

"Hey, man, don't give up doing what you love to do just because they did that to me."

"Okay, I think you need to get your hearing checked or put your ego back in check because didn't I just say that what happened to you was only _part_ of the reason I didn't accept reinstatement."

"What's the other reason slash reasons?"

"Those I'd rather not say right now."

"Why not?"

"Because they're personal, and may involve other people that are not actually you."

"Like Monica?"

"I'm not going to answer that question."

"Why not? You just kinda _did_ answer my question by the way."

"No, I didn't answer your question, and the issues are kinda on the personal side. Let's leave it at that, okay?"

Tony nodded, "Okay, okay then. Just tell Monica I said hello when you see her okay?"

Rhodey smiles, and shakes his head, then says, "I think we should probably go join the others now before they send out a search party."

"Uh yeah I told Pepper what I needed to say to you wouldn't take long so…"

"Okay, so let's head on out then."

"After you, platypus." Tony followed his friend in silence until, until they were in the elevator and the doors were closing, and then he said, "'T-Man? Seriously? You haven't called me that since MIT!"

"I know and maybe it's time I brought it back since you've never stopped calling me platypus."

"Okay, whatever you say, dear!"

"Alright then, T-Man!"

The two friends burst into laughter and were still laughing when the elevator arrived on the Avengers' common floor.

* * *

 **The End for now, see my end notes for what's coming next!**

* * *

 **EN:**

Well, that's it.

We're done with this _part_ of the journey.

I hope everyone who stayed with me through every angsty, tear inducing moment found this ending to be worth it.

I know I scared and traumatized many folks and for that I do apologize. But you should know, I laid out a few clues elsewhere via other pieces in my verse where I indicated that Tony would not, in fact, be executed.

One of these pieces that laid out a pretty big clue was a chapter called **Warm Me Up** in my **Shadows of Love** fanfic. In the chapter, if you've not read it, Eva is about 13 or 14 and gets her first major (well she thinks so anyway) parental caused embarrassment as a teenager when her parents decide to demonstrate their affection for each other in front of... well to find that out, you'll need to read the chapter :-) There are a few other clues laid on in my published chapters in other fics but **Warm Me Up** was one I wrote, and was actually reluctant to post because I _knew_ it took place like 9 to 10 years after the events of _I will see your nation cast down_.

Anyway, I want you to know that I have already written 10,000 words or so on a sequel to _I will see your nation cast down_ , which will be titled _Islands In the Stream_. Yes I named it after the song that was sung by Dolly Parton/Kenny Rogers but written by the Bee Gees, because I love the song! _Islands In the Stream_ picks up literally a few days after the end of _I will see your nation cast down_ , and in it, Tony and Pepper decide that they need to get away from it all for a little while, just them and their kids. So they travel to the private Caribbean island that Howard bought even before Tony was born. Now that isn't all what the story is about because eventually the Avengers (and everyone's extended families) get invited to join them on the island.

LOL, the story is going to be better than it sounds because a few important events happen on the island while they're all there and I will tell you now, _Islands In the Stream_ will have a tiny, itty bitty amount of angst in it, like it's going to be 99.9% fluff and just maybe 0.1% bit of angst!

Now, regarding the sequel to _I will see your nation cast down_.

I started the sequel sometime back, around the time _I will see your nation cast down_ was in its early stages, and while I have over 10,000 words written on it, it still lacks a good bit of the story I want to tell. I want to post a teaser and or very short first chapter for it but honestly I don't know when I would be able to update it after that. I am sorry that I don't have it as finished as _I will see your nation cast down_ , but you see _I will see your nation cast down_ took a great deal of my creative energy/juices.

Now I have some other things written for this division of my verse, and I am considering actually posting some of those while I work on I _slands In the Stream_. What do you all think of that idea? Could you handle me actually having several in progress stories going while you await the direct sequel of _I will see your nation cast down_?

Let me know!

Oh, also if you have something you're curious about and would like to request that I try to cover it, then my Ask Box on Tumblr is open HERE - you don't even have to be a member of the site to leave me a message since I have the anon button turned on. Just make your comment/request and we'll see what I can do to answer your burning questions/prompts!

Or if you really don't want to use Tumblr, you can leave your questions/prompts for me here. I am leaving the comments on moderated setting for a little while longer, so anything you say will be between us and if you want it to stay that way, let me know. Just know if it does stay between us, I won't be able to reply to you on the site because I have to approve your comment before I can hit the reply button.

Anyway, that's about it. I want to thank everyone of you who made this journey with me. I cannot believe it's already over! Six months to post 3 years worth of writing! Well not just writing as this story represents a lot of frustrations, tears, and at times wishing I never started writing this! But through the encouragement of my truest friends, I found the will not to delete the story, and then thanks to them again, the courage to post it. So if you've enjoyed this fanfic on any level, give them your applause too!

So let me know what you think about what I said regarding _Islands in the Stream_ and the rest of the series that started with _I will see your nation cast down_.


End file.
